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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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Indirect perpetration
Repáňová, Patrícia ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Indirect perpetration Abstract The topic of this diploma thesis is the analysis of an institute of indirect perpetration, which is one of many possible ways of committing a crime. Its essence lies in using other person who cannot be liable for his/her actions, also called an innocent agent or instrumentality. Such a person is controlled by an indirect perpetrator in the backround who must have double intentions towards committing a crime and also an abuse of a person who for some reason will not be held criminally liable. The reasons for staying out of criminal liability are enumeratively listed in the Criminal Code and include the lack of age, insanity, mistake, emergency, necessity and other defenses, as well as the fact that the person acted with no culpability or at all. It also deals with a matter when the innocent agent acts with no mental state (or motive) sufficient for commision of the offense which is required for particular criminal act and in those cases his liability can be measured at least as negligence and does not exclude his liability for another offense. This institute sought its way into the Criminal Code for quite a long time, until the enaction in 2009. The new Criminal Code was considered a groundbreaking legal regulation. By that time, the institute of indirect perpetration was only...
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Indirect Perpetration
Haasová, Zuzana ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Indirect perpetration Abstract This diploma thesis deals with the institute of indirect perpetration. First it mentions its historical development, since the acceptance of indirect perpetration was inconsistent in earlier times. Now the principle of accessory criminal liability of the participant applies in our country, and the participant can be criminally liable only if the perpetrator is criminally liable. Back then the opposite principle was applied, namely the principle of independence of the participation. Indirect perpetration was not necessary and was only accepted by such authors who recognized it as another specific form of perpetration. Participation, especially instigation and organization, is very close to indirect perpetration. The indirect perpetrator or a participant, do not fulfil the elements of the offence by their own activity, but they contribute significantly to it. The major difference between them is what person they are instigating. If the person is fully criminally liable and commits the offence intentionally, it is participation, if not, it is indirect perpetration. An indirect perpetrator must be aware that he uses a person that is not criminally liable or at least not criminally liable for specific offence. In addition, he must have the intention to commit his offence through...
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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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