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The Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Štulík, Jan ; Vanduchová, Marie (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with the Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. By this provision the Czech law protects the statutory claim to maintenance between family members. The aim of this thesis is comprehensive explanation of all aspects of this crime. In introduction are analysed reasons, which led Czech lawmaker to enact punishability of failure to fulfill maintenance obligation. Special attention is given to historical evolution of this crime in Czech law. Main part of this thesis deals with elements of the crime, including definition of statutory maintenance obligation. Attention is given to condition of effective repentance (s. 197 of the Criminal Code) and possibility of concurrence. In the last chapter are described some procedural aspects.
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Crime of Evasion Alimony Payments under s. 196 of the Criminal Code
Hamrová, Veronika ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
1 Název práce v anglickém jazyce Crime of Evasion Alimony Payments under s. 196 of the Criminal Code Abstract The diploma thesis is about the crime of evasion alimony payments according to § 196 of the Criminal Code and other questions related to this issue. The aim of this work is to provide a comprehensive explanation of the crime of evasion alimony payments. The work is primary about on the individual signs of this crime, its connection with civil law, where the rights are enshrined and the issues of alternative alimony payments and possible decriminalization of the crime of evasion alimony payments according. The crime of evasion alimony payments is one of the most frequently committed crime in the Czech Republic. The purpose of this legal regulation is the interest in the proper fulfillment of the alimony payments, especially in the fulfillment of the alimony payments towards dependent children. The work is divided into eight chapters. The first chapter deals with the historical development of the crime of evasion alimony payments from the period of 19th century until now. The second chapter presents the legal definition of the crime of neglect of evasion alimony payments and categorizes this crime according to various aspects. It also provides an overview of regulations related to it, with emphasis on...
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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Nechvátalová, Helena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis concerns the criminal act of neglecting of compulsory nutrition according to § 196 of the criminal code. Its main focus is to comprise this area completely and complexly, furthermore to examine individual signs of facts of the case and to present them in a complex context of the law, especially in relation to the civil law, which firmly binds a rightful claim for nutrition. The work comprises seven chapters following in a logical order. The first chapter aims at current legislation, at legislation related to the claim for nutrition and at systematic classification of the criminal act of neglecting of compulsory nutrition. The following chapter analyses individual obligatory sings of the criminal gist, its subchapters study the object, the objective side, the perpetrator and the subjective side. The purpose of this part of the study is to outline the terminology used in § 196 of the criminal code. The third chapter presents the possibility of termination of criminal responsibility based on a special provision of effective regret. The work states conditions which need to be fulfiled to apply this principle, furthermore it clarifies possible doubts about application of § 197 of the criminal code. Imposing criminal sanctions is discussed in the fourth chapter. The diploma thesis...
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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Chvátalová, Petra ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
This master's thesis is concerned with an issue of the crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. Next to this primary provision is this issue included in the next following provisions of the Criminal Code, namely under s. 196a of the Criminal Code, regulating still relatively new provision of punishment, and under s. 197 of Criminal Code, special provision relating to Effective Repetance. The main aim of this thesis is a comprehensive explanation of all aspects of this crime, increased attention has been paid to potential decriminalization or partial legal regulation of this crime into the future. Purpose of the crime of Evasion of Alimony Payments is interest of the society of proper fulfilment of the statutory duty to maintain subsistence between the family members. With the reference to appearing of this crime entirely in connection with evasion of the statutory duty to maintain subsistence toward the childern, emphasis was put on this part of issue during the writing this thesis. This master's thesis is divided into 12 chapters, introduction and conclusion. Special attention is given to the essential aspects and decription of this crime, hist short analysis of the criminological aspects and historical evalution of this crime in the first three chapters of the...
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The Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Štulík, Jan ; Vanduchová, Marie (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with the Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. By this provision the Czech law protects the statutory claim to maintenance between family members. The aim of this thesis is comprehensive explanation of all aspects of this crime. In introduction are analysed reasons, which led Czech lawmaker to enact punishability of failure to fulfill maintenance obligation. Special attention is given to historical evolution of this crime in Czech law. Main part of this thesis deals with elements of the crime, including definition of statutory maintenance obligation. Attention is given to condition of effective repentance (s. 197 of the Criminal Code) and possibility of concurrence. In the last chapter are described some procedural aspects.
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