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Murder of a Newborn Child by Its Mother under Section 142 of the Criminal Code
 Brázdová, Lucie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
in English Title: Murder of a Newborn Child by Its Mother under Section 142 of the Criminal Code Author: Lucie Brázdová This thesis addresses the issue of further need for a special legal regulation of the criminal offence of murder of a newborn by its mother. The first chapter is dedicated to the origin and the development of this legal provision and explains the circumstances within which this criminal offence has become part of the current Criminal Code. By describing the organization of the Criminal Code and main provisions of the Constitutional Law, the following chapter demonstrates the values on which the Criminal Law is built. These have to be taken into account when assessing the need for a change or a repeal of the discussed legal provision. The third chapter is an overview of primary information on constituent elements of this criminal offence. However, it does not neglect certain disputable aspects including the issue of pinpointing precisely when human life begins. From a theoretical point of view, the offence in question is considered to be a "privileged factum". In such cases, a certain additional factor lowers the harmful effect the offence has on society. The last part of the third chapter is thus dedicated to the issue of privileged factum in general and its place within the...
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