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The Unfit Preparation and Attempt of Criminal Offence
Smutná, Nikola ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The diploma thesis deals with unfit preparation and unfit attempt of a criminal offence. The issue of the criminalization of unfit actions is nothing new in jurisprudence, yet it is still a topical issue. Due to insufficient legal regulation, the low number of cases resolved before the courts and little interest on the part of the professional public, many questions remain unanswered. Act No. 40/2009 Coll., Criminal Code, does not offer a solution. It does not explicitly regulate the criminalization of unfit actions, the institute is mentioned only in a single provision, namely in § 46 paragraph 3 on abandonment of punishment. The legislator therefore left the definition of criminality and the procedure for imposing punishments for unfit actions to theory and practice. The aim of the thesis is to provide a comprehensive explanation of the unfit preparation and unfit attempt of a criminal offence, to analyze the individual problems associated with this institute and to propose their solutions. The text of the thesis is divided into a total of nine chapters. The first briefly discusses the developmental stages of the crime, the others are focused purely on unfit preparation and attempt. In the second chapter, this institute is first defined, followed by a discussion of criminality according to...
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