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The crime of habitual drunkenness under s. 201a of the Criminal Code
Vlásenková, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The offence of intoxication - article § 360 of the criminal code Resumé This final thesis deals with the offence of intoxication, possible approaches on to how to punish such offenders whose insanity causes their intoxication. This thesis points out some of the difficulties that could occur while interpreting and applying the law, and is trying to suggest a solution that better corresponds with modern legislation and legal principles. The offence of intoxication - article § 360 of the Criminal Code is actually a special offence based on a construction of the facts of the case, concept of Rauschdelikt. It was restored into our Criminal Code with the amendment of an Act in 1991, which replaced the previous full criminal liability of individuals who caused their insanity voluntarily. The offence of intoxication is an important criminal law theory for its attitude to a "liability for fault" principle, which the criminal offence of intoxication "breaks through" and extends conditions of criminal liability itself. Insanity is generally considered a condition that relieves the perpetrator of criminal liability, but not in the case of the offence of intoxication. From society's point of view it is considered enough to distinguish between the insanity caused by an inborn mental disease and insanity caused by another...
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The crime of habitual drunkenness under s. 201a of the Criminal Code
Vlásenková, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The offence of intoxication - article § 360 of the criminal code Resumé This final thesis deals with the offence of intoxication, possible approaches on to how to punish such offenders whose insanity causes their intoxication. This thesis points out some of the difficulties that could occur while interpreting and applying the law, and is trying to suggest a solution that better corresponds with modern legislation and legal principles. The offence of intoxication - article § 360 of the Criminal Code is actually a special offence based on a construction of the facts of the case, concept of Rauschdelikt. It was restored into our Criminal Code with the amendment of an Act in 1991, which replaced the previous full criminal liability of individuals who caused their insanity voluntarily. The offence of intoxication is an important criminal law theory for its attitude to a "liability for fault" principle, which the criminal offence of intoxication "breaks through" and extends conditions of criminal liability itself. Insanity is generally considered a condition that relieves the perpetrator of criminal liability, but not in the case of the offence of intoxication. From society's point of view it is considered enough to distinguish between the insanity caused by an inborn mental disease and insanity caused by another...
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