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The Impact of the State of Emergency on the Assessment of Crimes
Kozáková, Eliška ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The Impact of the State of Emergency on the Assessment of Crimes Abstract The thesis provides an insight into the issue of assessing crimes committed during states of emergency during the pandemic of the covid-19 disease in the years 2020 and 2021. The aim of the thesis was to find out how the state of emergency is reflected in the Criminal Code, to identify the problems caused by the pandemic of the covid-19 disease in this area, and to evaluate the legislation in terms of the identified problems and, if necessary, to put forward de lege ferenda proposals. The Criminal Code provides for a state of emergency in the provisions regulating basic bodies of three crimes, it also includes it among the generally aggravating circumstances and the state of emergency may also play a role in assessing the fulfilment of a circumstance triggering the application of a higher penalty rate for nine crimes. The thesis considers the definition of the above-mentioned circumstance triggering the application of a higher penalty rate for only nine crimes to be unsystematic and therefore proposes examples of other crimes where the circumstance should be included. States of emergency and the covid-19 pandemic have caused inconsistency in the courts' decision-making practice. The courts have disagreed on the necessary degree of...

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