|
|
The crime of habitual drunkenness under s. 360 of the Criminal Code
Šebková, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 The crime of habitual drunkenness under s. 360 of the Criminal C. Abstract The aim of this diploma thesis is to analyze complexly the problems associated with the legal regulation of the crime of drunkenness. The crime of habitual drunkenness or otherwise called the "Rauschdelikt" is an illustrative option of how to deal with the issue of an insane people, which act unlawfully and how to punish them. The person which commits an unlawful act in a state of insanity, committed an act of otherwise criminal, quasi-delict. Where the perpetrator has caused a state of insanity by consuming or applying an addictive substance. The above-mentioned concept of "Rauschdelikt" appears to be the best option, for the sake of consistency with the fundamental principles and principles of criminal law, the nullum crimen sine culpa principle. The thesis is organized in individual chapters, which are gradually dealing with the historical development, and this crime does not present in modern criminal law no novelty; on the contrary, the institute of drunkenness has deep historical roots. The following chapters analyzes some individual basic terms that are necessary for the definition of a crime of habitual drunkenness and include and clarify the legal institutes that are close to and closely related to this crime, such as the...
|
guest ::
