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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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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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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 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 biological criterion of insanity and the issue of criminal liability of the offender
Hubáčková, Dominika ; Jelínek, Jiří (advisor) ; Tejnská, Katarína (referee)
1 Summary The presented thesis deals with mental disorders and their meaning in criminal law in general, not only from the law point of view, but even from the point of view of the psychiatry. It also deals with the insanity emphasized the biological criterion of insanity. It discusses in detail the legislation of the Czech republic and also the legislation in global. The definition of insanity doesn't exist in legislative, but the judicature and law theory work with the concept of two criterions of insanity - the biological and the juristic. The biological criterion of insanity means the mental disorder. Professionals use the International classification of diseases MKN - 10th revision as the correct explanation of the mental disorders. This classification system is neccessary for the determination of the right diagnosis. The classification consist of the scale from F0 to F99. There are groups of specific mental disorders like mental, behavioural and mood disorders (affective disorders) etc. The forensic importance of some mental disorders is higher than the others, therefore I mention only the some of them. In the description of the specific mental disorder are also used real cases. To determine the sanity of the offenders are used the certificated experts. Education, research, preventive treatment and...
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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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The Question of Self-induced Insanity
Jechová, Veronika ; Tejnská, Katarína (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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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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