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Crimes of bodily injury under section 145 and 146 of the Czech Criminal Code
Zelenka, Michal ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The title of the thesis: Crimes of bodily harm under section § 145 and § 146 of the Criminal Code Abstract: This rigorous thesis focuses on the offences of bodily harm under sections 145 and 146 of Act No. 40/2009 Coll., The Criminal Code. The crimes of bodily harm and grievous bodily harm are classified among the most serious crimes against human health. The aim of this rigorous thesis is a comprehensive analysis of the offences of bodily harm and grievous bodily harm, with particular emphasis on demonstrating the fundamental differences between these offences. This rigorous thesis also deals with the offence of bodily harm for justifiable motive, which is a crime privileged over the offences of bodily harm and grievous bodily harm. The aim of this rigorous thesis is also, among the other things a brief excursion and delineation of the differences between the domestic legislation of the above-mentioned offences and the English and Slovak legislation. The first part of the rigorous thesis deals with the development of the legal framework of intentional bodily harm in the Czech Republic from the time of Great Moravia until the adoption of the current Criminal Code. Increased attention is then paid to the most important legal regulations, whether of later or more recent date. The second part of the...
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Culpability in criminal law
Patrman, Aleš ; Pelc, Vladimír (advisor) ; Dvořák, Marek (referee)
Culpability in Criminal Law The subject of this diploma thesis is culpability in criminal law. One of fundamental principles of criminal law is the principle of nullum crimen sine dolus vel culpa. According to this principle, criminal liability for a criminal offence arises only if it was committed culpably. Culpability is an obligatory element of the subjective aspect of a criminal offence and can be described as a person's internal psychological relationship to the circumstances that give rise to the offence. The thesis itself is divided into seven chapters. In the first chapter, I focus generally on the conditions of criminal liability. In this chapter I also look at the subjective aspect of a criminal offence and its facultative elements, which include motive and purpose. In the second chapter I present the difference between fault and culpability, which is a broader term. The third chapter is aimed at the evolution of criminal law in the Czech Republic, with regard to the regulation of culpability. The chapter is divided into individual time periods, according to the adoption of individual penal codes. The fourth chapter focuses on the general concept of culpability. First, I look more closely at the principle of liability for fault. The remainder of the chapter is devoted to the individual...
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Culpability in Criminal Law
Brtnová, Klára ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of the diploma thesis is culpability in criminal law, which is characterized as an internal psychological relationship of the offender to the violation or great of interests protected by criminal law. Culpability is the only obligatory feature of the subjective aspekt of a criminal offence, and therefore it is a key institute of criminal law, because without culpatibility there is no criminal offence. The diploma thesis is dividend into eight parts, including the introduction and conclusion. The first charter defines the koncept of criminal offence, its general and typice features. By fact, we mean a set of signs that show which criminal offence it is. The second charter is devoted to the historical development of culpability and is further dividend into subchapters, which each correspond to historic periods, or individual criminal laws, which came into force and effectiveness in our territory. The subjekt of interpretation in the third charter is the principle of liability for fault, its content and extent. Finally, this charter describes the construction of the facts in terms of culpability. The fourth charter deals with individual forms of culpability, incl. direct and indirect intentions and conscious negligence and unconscious negligence. Special attention...
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Error in criminal law
Tylšarová, Kateřina ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Diese Diplomarbeit beschäftigt sich mit dem Irrtum im Strafrecht und seine Problematik. Zweck der Arbeit ist die Wichtigkeit von diesem strafrechtlichen Institut zu betonen und seine Rolle im Rahmen des Strafrechts klarzustellen. Daraus entspringt auch seine sehr enge Verbindung zwischen dem Irrtum und dem Grundsatz der Subsidiarität der Strafrepression, auf welchen muss man in einigen Fällen des Rechtirrtums eine besondere Rücksicht nehmen. Der Irrtum des Straftäters ist für die Rechtstheorie wesentlich. Und es hat eine große Bedeutung auch für den Täter, weil es Einfluss auf seine strafrechtliche Verantwortlichkeit hat. In dem ersten Teil definiere ich erstens einige Begriffe, die wesentlich für das Verständnis des Irrtums sind und auf welche wir nicht verzichten können. In dem ersten Kapitel geht es um den Straftat. In dem zweiten Kapitel verlege ich mich mit der subjektiven Seite der Straftat und mit den Begriffen wie das Verschulden, der Vorsatz, die Fahrlässigkeit, der Versuch, die Vorbereitu ngshandlung und Weitere, also die meist mit Zusammenhang mit dem Strafrechtirrtum verwendeten Begriffe. In dem dritten Kapitel stelle ich kurz auch die Umstände, die die Widerrechtlichkeit beseitigen, vor. Kurzgefasst zahle ich auf, um welche es geht und was wir uns unter diese Begriffe vorstellen...
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Guilt, Purification, Forgiveness
Slezáková, Veronika ; Keřkovský, Pavel (advisor) ; Halama, Jindřich (referee)
This bachelor thesis deals with the conceptions of Guilt, Purification and Forgiveness. Based on the study of the writings of Karl Jaspers, Božena Komárková, Martin Buber and Helmut Weber, the thesis comes to an understanding of the issues of guilt, forgiveness and purification in both philosophical and theological terms. Furthermore, this work introduces other issues that relate to the chosen topic, for example, the concepts of Repentance, Penance and Conversion. Thanks to the acquired findings, I want to come to an understanding of the concept of guilt in Bernhard Schlink's novel The Reader. This thesis is concerned with Schlink's comprehension of guilt as well as with the foundation for reconciliation with guilt that Schlink outlines. Powered by TCPDF (www.tcpdf.org)
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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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Culpability in Criminal Law
Zimmerová, Petra ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
Culpability in Criminal Law Abstract The topic of the thesis is culpability in criminal law. Culpability is understood as a state of offender's mind in relation to circumstances which establish an offence. Culpability is a fundamental institute of criminal law because there is no offence without fault. The thesis is divided into eight parts including the introduction and the conclusion. Culpability is a mandatory attribute of a subjective aspect of a criminal offence which, together with other elements, creates a body of crime. Therefore the remaining conditions of criminal liability are described in the first part of the thesis, followed by different attributes of a subjective aspect of an offence called a motive and an aim. The second part of the thesis is dedicated to the substance of culpability including the principle of liability for fault. Furthermore components of culpability, its content, intensity and construction of culpability in bodies of crimes are discussed as well as other possible concepts of culpability whereas the concept of culpability which is based on two forms applies in Czech Republic. The second part concludes with the issue of evidence of culpability and explanation about intention as a necessary prerequisite of indirect perpetration, complicity and participation. The third part of...
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Culpability in Criminal Law
Schmalzová, Kateřina ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in Criminal Law The diploma thesis deals with the topic of culpability in criminal law, which is an obligatory attribute of the subjective aspect of the criminal offence. It characterizes the offender's psyche in relation to the criminal offence. In Czech criminal law, the principle of liability for fault (nullum crimen sine culpa), according to which there is no crime without fault, applies. The diploma thesis is divided into five chapters. The first chapter is focused on the general introduction; in which the crime and its merits are discussed. The largest part is left to the interpretation of the subjective aspect of the criminal offence and its obligatory and facultative characteristics. The chapter concludes with a treatise on the concept of guilt in criminal law. The second chapter deals with the historical development of the institute of culpability in the criminal codes, which used to be applicable in our territory, from the period defined by the applicability of the Act on Crimes, Offenses and Misdemeanours to the Criminal Code of 1961, which was replaced in 2010 by the current Criminal Code. The third chapter deals with the current regulation of culpability in criminal law, the most part is left to the general characteristics of the regulation of culpability in the applicable...
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Culpability in criminal law
Dao, Bich Lien ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Culpability in criminal law Abstract The culpability is fundamental institute of the Czech criminal law, because it is mandatory attribute of the subjective aspect of the criminal offence. The culpability is necessary to fulfill any of the facts of the criminal offence as the fundamental principle of liability for fault, which implies that there is not a criminal offence without fault. This thesis deals with the culpability in criminal law and is divided into six chapters, including introduction and conclusion. The introduction is followed by the chapter about general introduction, namely the placement of the culpability in the facts of the criminal offence. In this section the differences between the fault and culpability are explained, and it deals in detail with the content of the culpability, which means the extent of the facts included by culpability. This chapter is also concerned with the intensity and degree of individual form of culpability known as degree of culpability. In addition to the above, this chapter includes also a section dedicated to the matter of proving the culpability in the criminal law. The next chapter summarizes the historical development of culpability. Starting with the Act on Crimes, Offences and Misdemeanors (1852), the Criminal Code od 1950, the Criminal Code of 1961 and...
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Guilt, Purification, Forgiveness
Slezáková, Veronika ; Keřkovský, Pavel (advisor) ; Halama, Jindřich (referee)
This bachelor thesis deals with the conceptions of Guilt, Purification and Forgiveness. Based on the study of the writings of Karl Jaspers, Božena Komárková, Martin Buber and Helmut Weber, the thesis comes to an understanding of the issues of guilt, forgiveness and purification in both philosophical and theological terms. Furthermore, this work introduces other issues that relate to the chosen topic, for example, the concepts of Repentance, Penance and Conversion. Thanks to the acquired findings, I want to come to an understanding of the concept of guilt in Bernhard Schlink's novel The Reader. This thesis is concerned with Schlink's comprehension of guilt as well as with the foundation for reconciliation with guilt that Schlink outlines. Powered by TCPDF (www.tcpdf.org)
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