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The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code
Chamrádová, Natalie ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis, bearing the name "The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code" aims to analyse and understand deeper the crime of drunkenness in all its aspects. Initially, it deals with the historical kontext of this crime and the development of its conception through history to this day. The thesis also describes terms of diminished sanity and insanity as well as other terms related to the crime including the institute actio libera in causa in both of its forms. This crime is indeed an atypical one, whilst being one of the methods of dealing with illegal deeds committed by inflicted insanity. Such crime lies in the fact that the offender of an act otherwise criminal (one lacking an important sign of a crime) had, prior to such act, induced himself to a state of insanity by culpable consuming or applicating an addictive substance. Insanity as itself exclude criminal culpability of the offender, however not in cases hen offender self-inducing it by consuming or applicating an addictive substance, which makes the crime of drunkenness unique. No less interesting is that, in a way, the crime of drunkenness overcomes the principle nullum crimen sine culpa, or no crime without culpability, since it is composed of two separate actions, while culpability revers only to...
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The crime of drunkenness under the section 360 of the Criminal Code and its current issues
Šatrová, Barbora ; Heranová, Simona (advisor) ; Říha, Jiří (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title: The crime of drunkenness under the section 360 of the Criminal Code and its current issues Abstract: The Thesis primarily deals with possible theoretical approaches to the crime of drunkenness in continental law and with its legal regulation de lege lata in the Czech Republic. Further, the constituent elements of drunkenness are analysed, and the concept of actio libera in causa is not forgotten either. The provision on the crime of drunkenness under the Czech Criminal Code is also compared to the provisions in other states that are territorially and historically close. The approach to the crime of drunkenness is then examined from historical point of view. Second part of the Thesis concentrates on the problematic of proving the crime of drunkenness in practice in criminal proceedings, with emhasis on the role of the expert opinion in relation to the assessment of insanity and on the process of detecting addictive substances in the body system of an accused. The thesis also contains an analysis of some judicial decisions in which courts of first instance dealt with the crime of drunkenness. Key words: crime of drunkenness, insanity, addictive substances, expert opinion
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