Trestný čin zabití a s ním související trestné činy proti životu. Srovnání právní úpravy ČR a Anglie

Blažek, Tomáš

1 A comparison between Manslaughter in the English and Czech law Abstract The thesis compares the Czech and English legal regulations of the crime of manslaughter. As such, it is divided into an introduction, six parts and a conclusion. It aims to provide not only a comprehensive analysis of the crime of manslaughter in both legal orders, including a subsequent comparison, but also the possible adoption of certain institutes from one legal order to the other. In the first part, it deals with the issue of the differences between the two legal systems, i.e., continental and Anglo-Saxon, as well as with the general interpretation of the crime of murder and manslaughter. In doing so, it introduces the structure of the formal sources, the interrelationship between murder and manslaughter, and the terminology of manslaughter in England. In the second part, it provides an analysis of the facts of the crime of manslaughter, with the actus reus and the mens rea being analysed more extensively than through the fragmentary optics of the crime of manslaughter. Particular emphasis is then placed on causation. The third part is devoted to the circumstances precluding illegality, which for the sake of consistency of the whole thesis, included the institutes of insanity, diminished sanity, automatism and intoxication....

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