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Culpability in Criminal Law
Gašparík, Milan ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of this diploma thesis is culpability in criminal law. Culpability is a traditional institute of substantive criminal law and is an obligatory feature of the subjective aspect of a criminal offense. It expresses the internal psychological relationship of the perpetrator to the facts constituting the crime. Criminal liability in the legal system of the Czech Republic is based on the principle of liability for fault. If actual facts relevant from the point of view of criminal law are not covered by the culpability of the perpetrator, his criminal liability cannot be inferred. The thesis is divided into an introduction, 6 chapters and a conclusion. In order to understand the position of culpability within the structure of criminal offense, the first chapter defines the concept of a crime as a whole and its individual features. A general characteristic of the institute of culpability is offered in chapter two. It discusses the principle of liability for fault and the definitional features of culpability, including its individual components, i.e. the consciousness and volitional components, as well as the content of culpability, its degree, and procedural aspects, including the proving of culpability in criminal law. The central chapter of this diploma thesis is...
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