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Participation in criminal law
Hledík, Filip ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
Participation in criminal law Abstract The issue of participation in a criminal offence is one of the most complex and complicated institutes of substantive criminal law. The primary aim of this Diploma Thesis is to analyse the current legislation of participation in Czech criminal law. This analysis will then allow to focus on the strengths of the Czech legislation and at the same time to identify main deficiencies and problematic points and to explain the reasons of this deficiencies. The Diploma Thesis is internally structured into an Introduction, four parts and a Conclusion. Since the institute of participation in a criminal offence is very closely related to most areas of criminal law, the first part of the Diploma Thesis deals with the interpretation of the basic concepts of criminal law. Their correct understanding is a prerequisite for a correct understanding of the entire institution of participation. The second part of this Diploma Thesis focuses on institute of criminal cooperation in general and on individual forms of criminal cooperations, including participation in a broad sense and participation in narrow sense. It analyses the condition of criminal cooperation. It also analyses the different systems that the legislator may choose to regulate participation in criminal law - the monistic and...
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Participation
Semerád, Vojtěch ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The submitted master thesis deals with the issue of regulation of participation in a criminal offence, i.e. criminal liability of persons who participated in a criminal offence, as a wide range of perspectives on the question of how to build a system of criminal liability of persons participating in a criminal offence can be observed across legal systems. Thus, the primary aim of this thesis was to analyse the current legal regulation of participation in the Czech Republic, which allowed to identify the strengths as well as the problematic points of the Czech regulation. Since an integral part of the analysis is a de lege ferenda perspective, the logical outcome is to compare the results of the analysis with the regulation of participation in France and to look for intersections and differences between the two regulations. The thesis is internally divided into 4 chapters. The first chapter provides a general introduction to the issue of criminal complicity, i.e. it includes the definition and differentiation of participation and other forms of criminal complicity, which has led to the creation of a working framework within which the issues of the following chapters will be analysed. The second chapter is devoted to two theoretical approaches to the regulation of participation, namely monistic and...
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Participation in Criminal Law
Pelc, Vladimír ; Jelínek, Jiří (advisor) ; Říha, Jiří (referee)
1 Abstract The submitted rigorous thesis comprehensively deals with the institute of participation in the offense in Czech criminal law (hereinafter referred as "complicity"). The thesis particularly focuses on de lege lata interpretation of the complicity, i.e. on existing legislation, Act. No. 40/2009 Coll., Criminal Code. The text contains numerous proposals de lege ferenda, which results from the critical approach to current regulation of the complicity in Czech legal system. The participation is a traditional and complicated topic of the criminal law doctrine. The issue of criminal liability for participation in the offense is one of the most complicated issues of criminal law theory and practice. The complexity of problem stems primarily from the fact, that the institute of complicity prohibits a conduct, which is not ordinarily directly fulfilling the basic elements of the crime offense. Therefore it is necessary to derive the actions of an accomplice from the actions of an offender, who always (at least partially) fulfils those basic elements of the crime. We can also say that similarly, depending on the different systems of complicity, the criminal liability of accomplice is more or less based on the criminal liability of offender. The work is divided into seven chapters, which are further...
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