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The Unfit Preparation and Attempt of Criminal Offence
Smutná, Nikola ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The diploma thesis deals with unfit preparation and unfit attempt of a criminal offence. The issue of the criminalization of unfit actions is nothing new in jurisprudence, yet it is still a topical issue. Due to insufficient legal regulation, the low number of cases resolved before the courts and little interest on the part of the professional public, many questions remain unanswered. Act No. 40/2009 Coll., Criminal Code, does not offer a solution. It does not explicitly regulate the criminalization of unfit actions, the institute is mentioned only in a single provision, namely in § 46 paragraph 3 on abandonment of punishment. The legislator therefore left the definition of criminality and the procedure for imposing punishments for unfit actions to theory and practice. The aim of the thesis is to provide a comprehensive explanation of the unfit preparation and unfit attempt of a criminal offence, to analyze the individual problems associated with this institute and to propose their solutions. The text of the thesis is divided into a total of nine chapters. The first briefly discusses the developmental stages of the crime, the others are focused purely on unfit preparation and attempt. In the second chapter, this institute is first defined, followed by a discussion of criminality according to...
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The Unfit Preparation and Attempt of Criminal Offence
Salzmannová, Lucie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The Unfit Preparation and Attempt of Criminal Offence Abstract The topic of the unfit preparation and attempt of criminal offence is one of the most disputable domains of criminal law. The conflict concerns mainly punishability of an act, which cannot really result in committing a crime, and punishment of perpetrator. In the study of criminal law, two basic approaches have developed. Other theories are derived from them. The first od basic approaches is the subjective theory, which emphasizes a malice of the perpetrator. In its radical form, it omits completely an act in the world. The second approach is represented by the objective theory, which constitutes the opposite of the subjective theory. This theory emphasizes mainly dangerousness of the perpetrator's act for society. The preference of theories has been changing, that is also represented by the difference of laws. The unfit attempt can be divided in three basic groups according to what is unfit: attempt on unfit object, attempt with unfit tools, attempt by unfit subject. The thesis is divided into several parts. In the first part, the unfit preparation and the unfit attempt are introduced as evolutional stadiums of a criminal act mainly from the point of view of current law. Than unfit forms and detailed explanation of both theory follow. Also such...
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