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Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Krůčková, Adéla ; Hořák, Jaromír (advisor) ; Dvořák, Marek (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract: This master's thesis focuses on the analysis of the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is a comprehensive analysis of both of these crimes and their differentiation in judicial practice, utilizing available professional literature and case law. The thesis is structured into four chapters. The first chapter describes the historical development and gradual changes in the regulation of intentional killings, ranging from the period of the first Czechoslovak Republic to the adoption of the current Criminal Code. The second chapter is dedicated to the analysis of intentional killings under the current legal framework, specifically the crimes of murder and manslaughter. These crimes are characterized in the thesis by the elements of their factual constitutions, which are thoroughly examined. The chapter distinguishes between simple murder and premeditated murder. Attention is also given to circumstances governing the application of a higher penalty. The preparation of murder is explored, as well as the delineation between mere contemplation or expression of the idea to commit the crime of murder and...
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Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Zelenka, Michal ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the offences of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The crimes of murder and manslaughter are classified among the most serious crimes against life and both of these crimes can be subsumed under the broader term of intentional killings. The aim of this thesis is to provide a comprehensive analysis of the crimes of murder and manslaughter, with particular emphasis on demonstrating the fundamental differences between these offences and also what makes the offence of manslaughter a privileged offence over the offence of murder. The aim of this thesis is also, among the other things a brief excursion and comparison of the differences between the domestic legislation of these offences and the English legislation. The first part of the thesis deals with the development of the legal framework of intentional killings in the Czech Republic from the time of Great Moravia until the adoption of the current Criminal Code. Increased attention is then paid to the most important legal regulations, whether of later or more recent date. The second part of the thesis deals with the general characteristics of the individual...
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The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code
Masná, Kateřina ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
7 Abstract The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the most serious crimes against human life, namely the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is to describe both of these crimes in detail, to explain the importance of punishing these crimes, to explain the reason for introducing the crime of manslaughter in our legal system, its significance, and how it differs from murder and makes it a privileged crime to the crime of murder. The purpose of this work is also, among other things, to describe the procedure of criminal investigators in the investigation of these crimes and the methodology of the investigation of intentional crimes against life. In the first part of this thesis I deal with the historical development of the legal regulation of intentional killings in our territory, starting from ancient Rome and ending in 2009, when the current Criminal Code was issued. I focus on the most important legislation that has been issued throughout history and how it regulated intentional killings. The second part copes with the crime of murder, which first outlines a general introduction to this crime, then I describe the nature of...
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Crimes of murder and manslaughter under sections 140 and 141 of the Czech criminal code
Honzík, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
(ENG) Crimes of murder and manslaughter under sections 140 and 141 of the Czech criminal code The main objective of this work is to provide a comprehensive analysis of the codification of crimes of murder and manslaughter. The last recodification from the year of 2009 brought some significant changes into the area of intentional killings, the most important of which is an increased differentiation in the typology of these crimes. The Czech criminal code now differentiates between murder, premeditated murder and manslaughter. These changes can be seen as part of an effort by the Czech legislature to modernize the criminal law along the lines of legal systems typical in Western Europe. On the other hand, it can also be argued that the new Czech codification preserves its unique approach to certain problems. This thesis analyzes individual parts of sections of the Czech criminal code concerned with murder and manslaughter in a systematic manner. The first chapter deals with the historical context of intentional killings as well as providing an analysis of the new arrangement. Chapter two follows by introducing features common along all three types of intentional killings, specifically the actus reus of the crime. The following chapters then describe the different approaches towards intentional...
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Crime of murder and manslaughter under section 140, 141 of the criminal code
Černý, Ondřej ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Resumé The goal of this thesis is to analyse corpora delicti of the crimes of murder and manslaughter according to sections 140 and 141 of the Criminal Code, evaluate their present application by Czech courts, and to point out possible solutions to some problematic or unclarified questions. In the beginning, the thesis concerns itself with historical development of intentional homicides in the Czech country with emphasis on great codifications of 18th and 19th century. Subsequently, the interest shifts onto the question of human life as an object of intentional homicides. The core of the thesis is a thorough analysis of the crimes of murder and manslaughter, their mutual relation, and systematic incorporation in the Criminal Code. After that, there follows a short comparative assessment of the same topic in French law according to Code pénal. Then, attention is paid to developmental stages of mentioned crimes. The chosen topic is methodologically addressed in a way that every subtopic is first examined from the doctrinal theoretical point of view, and then treated in the light of judicial practice. Thus, it is presented how Czech practise of the courts interprets the written law with emphasis on terms and features that have not been used in Czech law so far. The result of this thesis is mainly the discovery...
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Murder and manslaughter within the Czech criminal law
Vlasáková, Barbora ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The crimes of murder and manslaughter described in this thesis consist in intentional killing of other person. These crimes are very serious ones and are contained in the first part of first chapter of Act No. 40/2009 Coll. the Criminal Code, as amended, and attack against one of the highest and the most protected interest - the human life. The aim of this thesis is to provide its reader with a rather complex and well arranged description of the above-mentioned crimes from the criminology and criminal law standpoint. The author tried to capture the most essential differences between the murder and manslaughter, both being often called the intentional killing. The author endeavors to briefly outline in this thesis a historical development of legal regulation of intentional killing from the past to the present day. The thesis also defines the human life, the moment of its commencement and termination as a crucial moment from which the crimes of murder and manslaughter are considered accomplished. Furthermore, it describes their basic and qualified facts of the case, a possibility of punishment of its offenders and individual phases of both crimes described in this thesis. The crimes are also covered from the criminology standpoint, criminology is characterized as a science, individual offenders of violent...
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A comparison between Manslaughter in the English and Czech law
Blažek, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 A comparison between Manslaughter in the English and Czech law Abstract The thesis compares the Czech and English legal regulations of the crime of manslaughter. As such, it is divided into an introduction, six parts and a conclusion. It aims to provide not only a comprehensive analysis of the crime of manslaughter in both legal orders, including a subsequent comparison, but also the possible adoption of certain institutes from one legal order to the other. In the first part, it deals with the issue of the differences between the two legal systems, i.e., continental and Anglo-Saxon, as well as with the general interpretation of the crime of murder and manslaughter. In doing so, it introduces the structure of the formal sources, the interrelationship between murder and manslaughter, and the terminology of manslaughter in England. In the second part, it provides an analysis of the facts of the crime of manslaughter, with the actus reus and the mens rea being analysed more extensively than through the fragmentary optics of the crime of manslaughter. Particular emphasis is then placed on causation. The third part is devoted to the circumstances precluding illegality, which for the sake of consistency of the whole thesis, included the institutes of insanity, diminished sanity, automatism and intoxication....
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Criminal offences of Murder and Manslaughter pursuant to Section 140, 141 of the Criminal Code
Johannes, Daniel ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This diploma thesis is focused on the analysis of the factums of murder and manslaughter pursuant to Section 140 and 141 of the Act No. 40/2009 Coll., Criminal Code, as amended, by studying historical and present-day legal acts, related documents, specialised literature from the field of law, medicine, psychology and anthropology, and of the jurisprudence of the Czech courts. The thesis is divided into five main chapters. The first chapter is focused on the historical development of the criminal regulation of intentional homicides since the foundation of the independent Czechoslovakia, starting from the reception of the 1852 Austrian Criminal Code which was applicable in the Austrian part of the former Austro-Hungarian Empire, through the period socialist legislation represented by the Criminal Codes of 1950 and 1961, up to the adoption of the current Criminal Code in 2009. The second chapter addresses the problem of defining the term human life, explaining the moment and the moment of its end. This chapter also gives an overview of the protection of human life as it is guaranteed by the international agreements and treaties as well as by Czech constitutional order in the Charter of Fundamental Rights and Freedoms. The third chapter is the analysis of the criminal offence of murder pursuant to the...
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Crime of murder and manslaughter under section 140, 141 of the criminal code
Najman, Ondřej ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code This thesis deals with the crimes of murder and homicide under the provisions of § 140 and § 141 of the Criminal Code, which, as crimes against life, represent one of the most serious components of crime in society. In a broader sense, the thesis deals with all intentional killings under Czech law. The basic purpose of this work is to describe and evaluate the current legal regulation of these crimes after the recodification of Czech substantive criminal law effective from 1. 1. 2010. The thesis first contains a comprehensive historical view of the development of legislation in question. Then the crimes of murder and homicide and individual components of their factums are analyzed and described in more detail, especially from an interpretative point of view, including elements established by recodification like premeditation, prior consideration, strong derangement caused by excusable mental motion and the previous condemnable conduct of the aggrieved person. Subsequently, the thesis deals with murder and manslaughter from the point of view of comparative law, where these crimes are compared with some similar institutes within the framework of substantive criminal law. A separate subchapter also...
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Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code
Klíč, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
- Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code This master thesis aims to analyse the crimes of murder and manslaughter which are regulated under section 140 and 141 of the Czech Criminal Code. The thesis consists of six parts, which are further subdivided into chapters. The main topics of the particular parts are these: historical development, human life, euthanasia, murder, manslaughter, and comparison with Slovakia. The thesis is intended to provide the reader with a comprehensive and, simultaneously, a clear overview of the issue of intentional killings and the circumstances associated with them. An analysis of historical legislation is given in part one. It examines more closely the period of the Middle Ages and the Enlightenment, as well as the reform codifications of the 19th century. Subsequently, attention is focused on Czechoslovakia, analyzing the adjustment effective in the times of its establishment as well as during the totalitarian regime. The conclusion of the historical excursion is the present situation. The second part deals with human life, the protected object from these offences. Chapter one describes its inception, from the medical point of view (such as the fusion of male and female reproductive cells and the formation of the zygote), and...
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