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Indirect perpetration
Demel, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Indirect perpetration Abstract The thesis undertakes the institute of indirect perpetration, the nature of which is the use of another person whose liability is limited or is not criminally liable for committing an offence. It is an indispensable part of criminal law; many perpetrators of a crime would escape with impunity without its existence. The thesis deals with the Czech regulation of indirect perpetration. It aims to describe this institution's valid and effective legal framework using specialized literature, specialized articles, commentary on the law, judgments, and other sources. The thesis is divided into four chapters (excluding the introduction and conclusion), which are then divided into subchapters and sections. The first chapter depicts the genesis of the institute, from the time when indirect perpetration had no legal basis in criminal codes up until current legislation. The second chapter deals with the issue of direct and indirect perpetration, first defining the conditions for the perpetrator's criminal liability, which are age, sanity, intellectual and moral maturity in the case of juveniles, and special characteristics, capacity, or status in the case of special subjects and specific subjects. The chapter then focuses on the legal regulation of indirect perpetration, the fundamental...
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Indirect perpetration
Kišari, David ; Hořák, Jaromír (advisor) ; Tlapák Navrátilová, Jana (referee)
Indirect perpetration Abstract This thesis deals with the institute of indirect perpetration, mainly focusing on the Czech substantive regulation of this institute of criminal law. The aim of this thesis is to provide a detailed interpretation of the concept of indirect perpetration not only in the context of the current legislation, but also in the historical context. Emphasis is also placed on the analysis of problematic aspects of indirect perpetration, as well as comparison with other important institutes of criminal law. The thesis is divided into four chapters. The first chapter deals with a historical perspective on indirect perpetration, and for this purpose the chapter is divided according to the effectiveness of past criminal codes. Within this chapter, the views and perspectives of the criminal law theorists of the time on the institute of indirect perpetration are thoroughly described and then compared, as these views often differed in many aspects. Attention is also paid to the background of the adoption of the new Criminal Code, and the related issue of incorporating the examined institute of indirect perpetration directly into the text of the law. The second chapter is devoted to the perpetrator of the offence and to the conditions of his criminal liability. This part of the thesis is also...
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Participation
Kotrnoch, Filip ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
v anglickém jazyce The diploma thesis analyzes the institute of participation and focuses on his legal regulation in the Czech republic. Participation is indoubtedly one of the most complicated institute of the criminal law and the legal regulation can be approached in many ways. To find a suitable way of legal regulation is prerequisite to comply with basic principles of criminal law - to protect society from crime. The aim of the diploma thesis is to provide the reader insight into current legal regulation, to draw attention to its shortcomings and to suggest suitable solutions for future legislation. The diploma thesis is divided into for chapters. The first chapter firstly deals with the interpretation of basic terms that are closely related to participation. It also attends to define the term of participation and to analysis two base approaches to the regulation of participation - monistic and dualistic systems. As a part of the analysis of these approaches, a brief excursion into the legal regulation of participation in Germany, Switzerland, Slovakia, Austria and Italy is offered. The second chapter focuses on the legal regulation of participation in Czech republic. It firstly clarifies the principle of accessority as the guiding principle of participation, which results from the application...
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Participation
Lindnerová, Adéla ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Participation Abstract The aim of this diploma thesis is especially to identify the advantages and disadvantages of individual approaches to regulation of participation, to set out the main attributes of participation in the Czech criminal law, including its main deficiencies, and to present possible inspiring solutions for their elimination by presenting a different model of regulation abroad. Participation as one of the forms of criminal collaboration is approached slightly differently by each legislation. However, the legislations usually agree that the participant's actions must be punished in a certain way. Although the participant does not partake in the fulfillment of the constituent elements of the crime by its own actions, its influence on the crime itself may be significant. The reason for choosing this topic is mainly the still unresolved situation regarding the institute of participation in the Czech Criminal Code and a large amount of criticism of the current regulation. Although the Criminal Code was newly adopted in 2009 and the possibility of correcting the deficiencies of the participation was obvious, professional discussions did not take place, and in the end a regulation that to a certain extent copied the previous criticized one, was adopted. In addition to the introduction and...
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The indirect perpetration
Havel, Lukáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The indirect perpetration Abstract The indirect perpetration consists in the commission of a crime through another person who is not criminally responsible. In case of indirect perpetration, such a person is being misused by the indirect perpetrator as a ‚living instrument' to actually carry out the criminal act. Without the institution of indirect perpetration, it would not be possible to punish an indirect perpetrator in some cases. In dualistic systems, this legal institution seems necessary as it fills the gap generated by the principle of accessory participation and helps to overcome certain difficulties that arise from the application of criminal law in dualistic systems. Indirect perpetration is hence often indicated as a supplement to the principle of accessory participation. The aim of this diploma thesis is a detailed description of the indirect perpetration. This is also accomplished through the analysis of its historical development and the comparison of selected foreign legal systems. The work is divided into three thematic parts. The first part is devoted to the historical development of the indirect perpetration. Individual subchapters are also supplemented by relevant case law pertaining to the topic. The second part of the diploma thesis is devoted to the current concept of indirect...
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Participation
Klabanová, Andrea ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
This diploma thesis provides to the reader an analysis of one of the most complex institutes of substantive criminal law - participation. Its aim is to focus mainly on the current legislation of participation, but also to criticize it and to propose the changes in legislation. Apart from the introduction and conclusion, the thesis consists of a total of six parts. The first part of the thesis is devoted to defining the concept participation together with concepts associated with participation. First of all, the concept criminal cooperation is defined, in which the division of participation we can find, and then the division of participation itself is discussed. The second part analyzes individual conditions and principles of participation, on which this institute is built. Accessority of participation, which is crucial for this institute, is discussed in more detail. The third part deals with individual forms of participation. Firstly the conditions of criminal liability are analyzed from the most serious form to the least serious one. For each individual form there are then discussed the specifics of the form associated. The chapter related to organizing distinguishes this from an organized group and an organized criminal group. At abetting there is the institute of agent provocateur and hiring...
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Indirect Perpetration
Koláříková, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The Indirect Perpetration Abstract Institute of indirect perpetration is one of the most important institutes of criminal law. This diploma thesis aims to describe the institute of indirect perpetration, analyze its particular forms, analyze more deeply its selected problematic aspects and based on this provide authentic evaluation and propose changes de lege ferenda. The thesis is divided into 4 chapters. The first chapter explains the term of indirect perpetration and its conditions in general. The legally taxative enumerated forms of indirect perpetration are analyzed one by one together with their corresponding examples. The second chapter studies the history of the institute in our country. The subchapters contain legal regulation of the institute in particular criminal codes effective in Czech countries and opinions of selected historical authors about given problematic, all this since the times of Austrian criminal code from 1852 to currently effective criminal code from 2009. The third chapter discusses selected aspects of the Institute of indirect perpetration. The problematic of personally committed and special criminal offenses, omissive and negligence criminal offenses, indirect perpetration committed using vis absoluta and finally indirect perpetration in relation to participation is discussed....
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The Criminal Liability of the Organizer of a Criminal Offence
Brandtner, Anna ; Pelc, Vladimír (referee)
01 The Criminal Liability of the Organizer of a Criminal Offence Abstract This thesis focuses on one of the modalities of participation - on organizing. The provisions of Section 24 (1) a) of Act No. 40/2009 Coll. of the Criminal Code mentions organizing in the first place, indicating that it is the most serious form of participation. Organizing is also a form of participation which is quite specific to the Czech legal order. Foreign legal regulations often consider the Czech organizer to be the offender. The aim of this thesis was to thoroughly discuss the organizer of a criminal offence, to evaluate the reason for the frequent criticism of his inclusion among the participants of the crime and to suggest how should this legal institute be adapted. The thesis is divided into seven chapters, the first of which is the introduction and the final is the conclusion. The first part of this thesis deals with the theoretical foundations of participation. It briefly describes the possible approaches to the offender and the fundamentals of the unitary and the differentiated system, including their advantages and disadvantages. The meaningfulness of a differentiated system depends on the successful separation of the key persons involved in the criminal act from the less important ones. The following chapter focuses on...
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Participation
Nechutná, Klára ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
1 Abstract The diploma thesis is focused on the historical development and the basics of current legal regulation of participation in the Czech Republic. The thesis also briefly devotes to the legal regulation of participation in Italy. Participation is undoubtedly one of the most problematic elements of the criminal law. However, it is an indispensable part of it and without which it would be impossible to fulfil the main purpose of criminal law - the protection of society. Despite the abovementioned, it is not paid sufficient attention to participation by the legislature neither by the legal community. The purpose of the thesis is to provide the reader a comprehensive knowledge of participation in the narrow sense, including the criticism of the most problematic aspects of the current legal regulation. It focuses mainly on the conditions of criminal liability and the basic characteristics of the individual forms of participation in the narrower sense in Czech and Italian legal regulations. This thesis compares and evaluates mentioned institutes. Points problematic aspects out and introduces possible solutions of future legal regulations. The aim of the diploma thesis was achieved by analysis of legal literature, case law and relevant legislations. The diploma thesis is divided into six chapters. The first...
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The Criminal Liability of the Organizer of a Criminal Offence
Brandtner, Anna ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
01 The Criminal Liability of the Organizer of a Criminal Offence Abstract This thesis focuses on one of the modalities of participation - on organizing. The provisions of Section 24 (1) a) of Act No. 40/2009 Coll. of the Criminal Code mentions organizing in the first place, indicating that it is the most serious form of participation. Organizing is also a form of participation which is quite specific to the Czech legal order. Foreign legal regulations often consider the Czech organizer to be the offender. The aim of this thesis was to thoroughly discuss the organizer of a criminal offence, to evaluate the reason for the frequent criticism of his inclusion among the participants of the crime and to suggest how should this legal institute be adapted. The thesis is divided into seven chapters, the first of which is the introduction and the final is the conclusion. The first part of this thesis deals with the theoretical foundations of participation. It briefly describes the possible approaches to the offender and the fundamentals of the unitary and the differentiated system, including their advantages and disadvantages. The meaningfulness of a differentiated system depends on the successful separation of the key persons involved in the criminal act from the less important ones. The following chapter focuses on...
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