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The imposition of penalties on the concurrence of crimes and recidivism
Havliš, Dominik ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This diploma thesis is devoted to the issue of imposing penalties on the pluralistic criminal activity with the focus on the two main types, which are concurrence of crimes and recidivism. The main aim of the thesis is to analyze the means of penalisation of concurrent crimes and recidivism under the current legislation. In order for the analysis of these institutes to be complete, the thesis puts an emphasis on the summarization of the present criminal law theory which is always complemented by the relevant case law. Selected institutes are further compared firstly to the previous czech legislation, secondly to the criminial code of Germany with the objective to underline that both concurrence of crimes and recidivism must be not perceived separetely, but in the context of a local criminal law as a whole, namely with respect to a specific penalty system, a method of their imposition as well as their function. The thesis also refers to some interpretative and applicational problems of some particular provisions related to concurrence of crimes or recidivism. For this reason the thesis contains practical examples to illustratively demonstrate the prior explanation so it might be possibly used for practical application. Furthermore the thesis at least marginally addresses some current topics, which...
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The imposition of penalties on the concurrence of criminal offenses
Válová, Petra ; Heranová, Simona (advisor) ; Krupička, Jiří (referee)
The thesis deals with the institute of concurrence of of criminal offenses, at the beginning it defines basic terms such as deed, multiplicity of crime and the concept of concurrence itself. It also deals with the distinction between concurrence of crimes from recidivism and continuation of criminal offenses. Furthermore, the thesis focuses on the impact of concurrence of crimes on the guilt of the offender and the imposition of punishment. The thesis discusses the principles of the imposition of punishment of concurrence of criminal offenses, including the treatise on cumulative punishment and aggregate punishment, and again the differences from punishment of recidivism and continuation of criminal offenses are defined. Another part of the thesis examines reasons for exclusion of concurrence of criminal aktivity. The significant part of thesis is also comparison between Czech legal regulation of the concurrence of the crimes and the Slovak and Russian legal regulation. A the end of the thesis is presented the opinion de lege ferenda. Key words Concurrence of criminal offenses, deed, cumulative punishment, aggregate punishment
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