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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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