K42 - Illegal Behavior and the Enforcement of LawReturn

This paper deals with professional liability of auditors seen from the perspective of criminal law of the Czech Republic. The introductory part discusses the essentials of criminal liability, analyses the term "criminal act" and other issues, particularly "fault": not only from the perspective of criminal liability of natural persons, but also from the perspective of criminal liability of corporations. Special attention is dedicated to participation in crime. Another part of the paper focuses on actus reus of certain types of criminal acts relating to auditing profession, e.g. the fraudulent data misrepresentation or the crime of issuing a false certificate or a report.

The paper provides the analysis of the current status of education of economic and property crimes in the tax and accounting in the context of secondary education. Monitoring is carried out on the basis of an analysis framework educational programs and questionnaires. The paper is the continuance of the previous research in relation to teaching accounting at the business school. The paper deals with inclusion of the issue to the curriculum of secondary business schools, expertise of teachers and curriculum content. The analysis showed that the issues are not included properly in a degree which would allow the development of economic thought of students and integration of information. In conclusion, the author provides recommendations for integrating the legal field with accounting and tax aspects.

This paper deals with auditor's and tax advisor's duty of confidentiality. In the first part I define the auditor's duty of confidentiality, also in the context of legal regulation development concerning the auditor's profession. I go on to discuss aspects of breach of the duty to confidentiality and mention particular cases that are not considered to be the breach of the duty to confidentiality under the Act on Auditors. This is followed by defining the tax advisors' legal obligation to maintain the duty of confidentiality. The paper also focuses on the comparison between auditors' and tax advisors' duty of confidentiality and compares the relevant legal regulation itself. The third part discusses situations when the duty of confidentiality needs to be breached, i.e. in cases when criminal activity is being investigated; and is followed by brief notes concerning the development of the extent of duty of confidentiality.

This paper deals with detailed analysis of sanctions imposed in the Czech Republic for unlawful conduct concerning accounting provided for in Act No. 563/1991 Coll., on Accounting, as amended. I analyze the difference between an infraction and an administrative offence including implications for determining sanctions for particular unlawful conduct. The paper provides a brief overview of potential sanctions in relation to the facts of particular unlawful conduct and to the person who committed such unlawful conduct. I also consider the problem of administrative punishment in a wider context. There are also discussed procedural provisions which are to be followed when imposing a penalty.