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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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