|
|
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...
|
|
|
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...
|
|
|
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...
|
|
|
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....
|
guest ::
