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The Criminal Liability of the Organizer of a Criminal Offence
Brandtner, Anna ; Pelc, Vladimír (referee)
01 The Criminal Liability of the Organizer of a Criminal Offence Abstract This thesis focuses on one of the modalities of participation - on organizing. The provisions of Section 24 (1) a) of Act No. 40/2009 Coll. of the Criminal Code mentions organizing in the first place, indicating that it is the most serious form of participation. Organizing is also a form of participation which is quite specific to the Czech legal order. Foreign legal regulations often consider the Czech organizer to be the offender. The aim of this thesis was to thoroughly discuss the organizer of a criminal offence, to evaluate the reason for the frequent criticism of his inclusion among the participants of the crime and to suggest how should this legal institute be adapted. The thesis is divided into seven chapters, the first of which is the introduction and the final is the conclusion. The first part of this thesis deals with the theoretical foundations of participation. It briefly describes the possible approaches to the offender and the fundamentals of the unitary and the differentiated system, including their advantages and disadvantages. The meaningfulness of a differentiated system depends on the successful separation of the key persons involved in the criminal act from the less important ones. The following chapter focuses on...
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The Criminal Liability of the Organizer of a Criminal Offence
Brandtner, Anna ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
01 The Criminal Liability of the Organizer of a Criminal Offence Abstract This thesis focuses on one of the modalities of participation - on organizing. The provisions of Section 24 (1) a) of Act No. 40/2009 Coll. of the Criminal Code mentions organizing in the first place, indicating that it is the most serious form of participation. Organizing is also a form of participation which is quite specific to the Czech legal order. Foreign legal regulations often consider the Czech organizer to be the offender. The aim of this thesis was to thoroughly discuss the organizer of a criminal offence, to evaluate the reason for the frequent criticism of his inclusion among the participants of the crime and to suggest how should this legal institute be adapted. The thesis is divided into seven chapters, the first of which is the introduction and the final is the conclusion. The first part of this thesis deals with the theoretical foundations of participation. It briefly describes the possible approaches to the offender and the fundamentals of the unitary and the differentiated system, including their advantages and disadvantages. The meaningfulness of a differentiated system depends on the successful separation of the key persons involved in the criminal act from the less important ones. The following chapter focuses on...
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Participation
Müllerová, Denisa ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
The thesis is concerned with theoretical background of participation and the legal regulation of participation in the Czech republic. It also deals with the legal regulation of participation in the Federal Republic of Germany and in the Republic of Austria. There are many problems associated with criminal participation and it is possible solve them in many different ways. However, the proper regulation of participation is important to comply with basic principles of criminal law. The aim of these thesis is to discuss some base approaches to the regulation of participation, to summarize advantages and disadvatages of individual systems and review application of these systems in legislation of selected countries. These thesis is composed of three parts. The first part defines basic terminology and describes two base systems of legal regulation of participation - the dualistic one and the monistic one. The aim of this part is to approximate guiding principles of both systems and advantages and disadvantages of legal application of these systems. The second part concentrates on the Czech legal regulation of participation and discusses its problems. Subdivided into three chapters, this part examines conditions of criminal liability of participants, introduces forms of participation and, finally, chapter...
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