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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kárász, Martin ; Tlapák Navrátilová, Jana (advisor) ; Gřivna, Tomáš (referee)
The subject matter of this thesis is a crime of habitual drunkenness under s. 360 of the Act No. 40/2009 - Criminal Code. The offense of drunkenness is atypical one among other offenses and unique in many ways. The aim of this work is to intelligibly and comprehensively describe the issue of the crime of drunkenness and aspects associated with it. The thesis is divided into five chapters. The first chapter is devoted to the possible starting points and concepts. There are three basic approaches on the issue of the crime of drunkenness and four more which are based on the concept of so-called rauschdelikt. The second chapter examines the historical development of this issue in our country. There were different regimes over time and each of them approached resolved legal issues differently. For proper grasp and understanding of the current legal situation it is therefore necessary to look back in history. This chapter overviews the most important legislation, case law, and it also contains comparison of historical development with the present one, amended with regard to the development of the institute of insanity. Chapter three is the basis of this work. It consists of a detailed analysis of current legislation and careful analysis of the elements contained in s. 360 of the Criminal Code, then again...
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Problematics of liability for criminal acts under influence of addictive substances
Puš, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The subject of this thesis presents the problematics of criminal conduct in the state of intoxication with the main focus on habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code. Subject of the thesis contains multiple theoretic views, historical evolution in the formal Czech lands, Czechoslovakia and Czech Republic. The crime of habitual drunkenness is considered to be an extraordinary crime due to its character and legal construction. This crime does not have an analogy in the respect of a criminal code and in a certain view breaks through the fundamental principle of modern criminal law nullum crimen sine culpa, which is the liability for fault. The atypical nature of this crime is represented by its specific legal construction, the requirements of the theoretical principles and demands in which lies the criminal law in modern state of law and last but not least the problem of escalating consumption of addictive substances. All of these attributes are the subject of this thesis. The thesis is divided into nine chapters. For easier orientation in the text, chapters are divided into multiple sub-sections. First chapter includes the basic terms such as insanity and mental illness, which are crucial to the crime of habitual drunkenness. Second chapter views historical evolution...
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kolčavová, Vladimíra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The subject of my thesis concerns the crime of habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code, as amended. In this thesis I describe not only its political theory but also its historical background and evolution in the Czech Republic. The crime of habitual drunkenness was and still is considered to be an atypical crime with very unusual analogy in respect of the Criminal Code. However, this crime is somewhat a break through in the fundamental principle of criminal law, the principle of liability for fault (nullum crimen sine culpa). This crime is considered unusual because of its specific legislative and legal construction as well as its extraordinary implications in terms of theoretical principles and requirements which are the basis of criminal law. All of the above mentioned attributes, historical and current concepts and proposals de lege ferenda can be found in this thesis. This thesis is divided into ten chapters. For clarity, these chapters are divided into multiple sub-sections. First chapter deals with the notion of insanity which, by no means, goes hand in hand with the crime of habitual drunkenness. Second chapter is a complex summary of the historical evolution from Maria Theresa codes until...
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Insanity and decreased sanity
Hošková, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this work is the question concerning unlawful actions committed in the state of insanity and diminished sanity. The main objective of the work is to explain clearly and comprehensibly the issue of the criminal offence of drunkenness and related aspects. Also, the work concerns the history of the legal regulation in question in the territory of the Czech Lands, Czechoslovakia and consequently the independent Czech Republic. Core part of the work is the actual legislation under the pursuant to the current Criminal Code, Act No. 40/2009 Coll., with orientation to the factual merits of the criminal offence of drunkenness under § 360. The work in detail deals with addictive substances, their classification and effects on the offender as well as on the health of an individual. The work is complemented with an overview of related literature and indication of the deficiencies of the current legal regulation.
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kárász, Martin ; Tlapák Navrátilová, Jana (advisor) ; Gřivna, Tomáš (referee)
The subject matter of this thesis is a crime of habitual drunkenness under s. 360 of the Act No. 40/2009 - Criminal Code. The offense of drunkenness is atypical one among other offenses and unique in many ways. The aim of this work is to intelligibly and comprehensively describe the issue of the crime of drunkenness and aspects associated with it. The thesis is divided into five chapters. The first chapter is devoted to the possible starting points and concepts. There are three basic approaches on the issue of the crime of drunkenness and four more which are based on the concept of so-called rauschdelikt. The second chapter examines the historical development of this issue in our country. There were different regimes over time and each of them approached resolved legal issues differently. For proper grasp and understanding of the current legal situation it is therefore necessary to look back in history. This chapter overviews the most important legislation, case law, and it also contains comparison of historical development with the present one, amended with regard to the development of the institute of insanity. Chapter three is the basis of this work. It consists of a detailed analysis of current legislation and careful analysis of the elements contained in s. 360 of the Criminal Code, then again...
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Selected types of crime committed under the influence of alcohol and drugs
Richter, Jiří ; Gřivna, Tomáš (referee) ; Tlapák Navrátilová, Jana (referee)
Selected types of crime committed under the influence of alcohol and drugs In seven chapters, this thesis deals with selected types of crime for which the offender is typically under the influence of alcohol or other addictive substances. The author defines basic concepts and analyze constituent elements of those criminal acts, criminological aspects and mechanisms of influence of addictive substances on the perpetrators of these selected types of crime (drunkenness, threats under the influence of addictive substance, domestic violence, criminality of football hooligans, sexual crimes and drug-related crimes). The first chapter deals with basic concepts and discusses the history and influence of the most commonly used drugs. The second chapter briefly summarizes the development of legislation punishing offenders affected with substance abuse (particularly culpable insane offenders) in our area for the period from Theresian criminal law reforms to the present. The third chapter contains a detailed analysis of crime drunkenness, including criminological aspects examined in the light of the current Czech courts decisions. In the fourth chapter, the author discusses the institution of actio libera in causa in its dolosis and culposis variant. The fifth chapter deals with the analysis of the crime of...
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