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The question of self-induced insanity
Jechová, Veronika ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...
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Problematics of liability for criminal acts under influence of addictive substances
Puš, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The subject of this thesis presents the problematics of criminal conduct in the state of intoxication with the main focus on habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code. Subject of the thesis contains multiple theoretic views, historical evolution in the formal Czech lands, Czechoslovakia and Czech Republic. The crime of habitual drunkenness is considered to be an extraordinary crime due to its character and legal construction. This crime does not have an analogy in the respect of a criminal code and in a certain view breaks through the fundamental principle of modern criminal law nullum crimen sine culpa, which is the liability for fault. The atypical nature of this crime is represented by its specific legal construction, the requirements of the theoretical principles and demands in which lies the criminal law in modern state of law and last but not least the problem of escalating consumption of addictive substances. All of these attributes are the subject of this thesis. The thesis is divided into nine chapters. For easier orientation in the text, chapters are divided into multiple sub-sections. First chapter includes the basic terms such as insanity and mental illness, which are crucial to the crime of habitual drunkenness. Second chapter views historical evolution...
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kolčavová, Vladimíra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The subject of my thesis concerns the crime of habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code, as amended. In this thesis I describe not only its political theory but also its historical background and evolution in the Czech Republic. The crime of habitual drunkenness was and still is considered to be an atypical crime with very unusual analogy in respect of the Criminal Code. However, this crime is somewhat a break through in the fundamental principle of criminal law, the principle of liability for fault (nullum crimen sine culpa). This crime is considered unusual because of its specific legislative and legal construction as well as its extraordinary implications in terms of theoretical principles and requirements which are the basis of criminal law. All of the above mentioned attributes, historical and current concepts and proposals de lege ferenda can be found in this thesis. This thesis is divided into ten chapters. For clarity, these chapters are divided into multiple sub-sections. First chapter deals with the notion of insanity which, by no means, goes hand in hand with the crime of habitual drunkenness. Second chapter is a complex summary of the historical evolution from Maria Theresa codes until...
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Insanity and decreased sanity
Hošková, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this work is the question concerning unlawful actions committed in the state of insanity and diminished sanity. The main objective of the work is to explain clearly and comprehensibly the issue of the criminal offence of drunkenness and related aspects. Also, the work concerns the history of the legal regulation in question in the territory of the Czech Lands, Czechoslovakia and consequently the independent Czech Republic. Core part of the work is the actual legislation under the pursuant to the current Criminal Code, Act No. 40/2009 Coll., with orientation to the factual merits of the criminal offence of drunkenness under § 360. The work in detail deals with addictive substances, their classification and effects on the offender as well as on the health of an individual. The work is complemented with an overview of related literature and indication of the deficiencies of the current legal regulation.
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kárász, Martin ; Tlapák Navrátilová, Jana (advisor) ; Gřivna, Tomáš (referee)
The subject matter of this thesis is a crime of habitual drunkenness under s. 360 of the Act No. 40/2009 - Criminal Code. The offense of drunkenness is atypical one among other offenses and unique in many ways. The aim of this work is to intelligibly and comprehensively describe the issue of the crime of drunkenness and aspects associated with it. The thesis is divided into five chapters. The first chapter is devoted to the possible starting points and concepts. There are three basic approaches on the issue of the crime of drunkenness and four more which are based on the concept of so-called rauschdelikt. The second chapter examines the historical development of this issue in our country. There were different regimes over time and each of them approached resolved legal issues differently. For proper grasp and understanding of the current legal situation it is therefore necessary to look back in history. This chapter overviews the most important legislation, case law, and it also contains comparison of historical development with the present one, amended with regard to the development of the institute of insanity. Chapter three is the basis of this work. It consists of a detailed analysis of current legislation and careful analysis of the elements contained in s. 360 of the Criminal Code, then again...
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Protective Therapy and Preventive Detention
Úředníčková, Adéla ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
The primary aim of this work is to summarize and evaluate the current legislation for institutions providing compulsory treatment and preventive detention, and if possible to also provide a comprehensive overview of the development of these institutions, ordering and discharging them, with respect to the relevant decisions of the court. This work consists of six chapters, with each one dealing with individual aspects of these institutions, and the introductory chapter mainly explains the circumstances behind the choice of this theme and their impact on the assignment and goal of this work. Another chapter is devoted to the historical development of compulsory treatment and preventive detention. It is demonstrated here how these institutions developed in Europe, as well as the development of protective measures before the establishment of independent Czechoslovakia, namely until the adoption of the Safe Detention Act and embedding compulsory treatment and preventive detention in the new Criminal Code. The third chapter is devoted to protective measures as a whole. It describes what is actually meant by protective measures, which parts of these institutions belong to this category, and in particular it shows major differences between punishment and protective measures. Special attention is also given...
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Protective Therapy and Preventive Detention
Rejfek, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Gřivna, Tomáš (referee)
- PROTECTIVE THERAPY AND PREVENTIVE DETENTION This paper is concerning two types of protective measures in Czech criminal law - protective therapy and preventive detention. The goal was to introduce and then deeply analyze these two legal institutes. I particularly focused on preventive detention as it was only recently put in force in the Czech republic. In the introductory chapter, I briefly described the nature of protective measures as a whole. I also outlined some major differences between protective measures and penalties, gave some insight into the history of protective measures in Czech lands and explained a few important terms, e.g. insanity or drug addiction, which are widely used in this area of law. The following chapter deals with protective therapy and its key features, namely its imposing, execution and duration. The next one summarizes basic elements of preventive detention, which are in many ways similar to those in the previous chapter. I tried to point out the grounds on which preventive detention was embraced by Czech law and also to analyze the differences between both these protective measures. In this thesis I included some major court decisions with paramount importance and I also have done a short comparison of statutes governing preventive detention in a few foreign...
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Velich, Roman ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The purpose of this thesis could be summarized as a complex analysis of a crime of habitual drunkenness under s. 360 of the Czech Criminal Code. The described crime (sometimes named 'rauschdelikt᾿) represents one of possible approaches to a problematic question: How to hold a perpetrator who has committed a crime in mental state of insanity (irresponsibility), in which he had induced himself by use of alcohol, narcotics or similar substances, liable? As far as conformity with elementary principles of criminal law (such as 'nullum crimen sine culpa᾿) is concerned, the crime of habitual drunkenness seems to be the most suitable answer to the previous question. The crime of 'rauschdelikt᾿ is an old legal institute that is specific in many aspects. I have chosen the topic within the context of recent recodification of substantive criminal law. A previous regulation of this crime was often criticised for many reasons (e.g. improper title, too stringent penal sanction etc.). Thus we can now review if those criticised deficiencies have been set right. The thesis is divided into ten chapters. Chapter One is introductory and defines basic terminology used in the thesis, such as 'insanity᾿, 'culpability᾿ and so on. The third subchapter...
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The institute of preventive detention: comission, goals and limitations of the new preventive measure
Koláříková, Lenka ; Válková, Helena (advisor) ; Kodymová, Pavla (referee)
The institute of preventive detention is a new protective measure in our penal law. The theme of this thesis is an analysis of the comission and goals of the new protective measure and focusing on a comparation of theoretical and practical function of this protective measure. The folowing chapters provide the characterization of the preventive detention and its legal framework in the Czech republic. The component part of the thesis is also a description of the preventive detention in a legal framework of other state, concretely Slovakia. At the end of the work there are explicated knowledges obtained during the visit of the Institute for preventive detention Brno. In this chapter not only functional equipment is described but also the compositon of the inmates and employees and their most important competencies. Programms, by which are the medical goals fullfiled are described at the end of the thesis.
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