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Culpability in criminal law
Patrman, Aleš ; Pelc, Vladimír (advisor) ; Dvořák, Marek (referee)
Culpability in Criminal Law The subject of this diploma thesis is culpability in criminal law. One of fundamental principles of criminal law is the principle of nullum crimen sine dolus vel culpa. According to this principle, criminal liability for a criminal offence arises only if it was committed culpably. Culpability is an obligatory element of the subjective aspect of a criminal offence and can be described as a person's internal psychological relationship to the circumstances that give rise to the offence. The thesis itself is divided into seven chapters. In the first chapter, I focus generally on the conditions of criminal liability. In this chapter I also look at the subjective aspect of a criminal offence and its facultative elements, which include motive and purpose. In the second chapter I present the difference between fault and culpability, which is a broader term. The third chapter is aimed at the evolution of criminal law in the Czech Republic, with regard to the regulation of culpability. The chapter is divided into individual time periods, according to the adoption of individual penal codes. The fourth chapter focuses on the general concept of culpability. First, I look more closely at the principle of liability for fault. The remainder of the chapter is devoted to the individual...
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Legal error
Vodičková, Eliška ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
Legal error Abstract The aim of this thesis is to critically analyse the legal regulation of the institute of legal error, which undoubtedly involves a description of legal error and a comparison with the concept of legal error in foreign legal systems. The thesis is divided into an introduction, nine chapters dealing with various aspects of legal error, and a conclusion. The first chapter provides a general definition of error, which the criminal law envisages both on the part of the perpetrator and on the part of the victim. The second chapter deals with the subjective aspect of the offence, focusing on culpability as its obligatory feature, with which legal error is closely related. The third chapter is devoted to the establishment of legal error in our legal system. Sufficient attention is given to the process of adopting the statutory provision as well as to the historical development of the concept of legal error. The fifth chapter deals with the objective and subjective aspects of the possibility of avoiding a legal error. The sixth chapter covers selected issues of legal error that are rather rarely addressed by science. These include, for example, the concurrence between a negative error of fact and a negative legal error, or the question whether an official may commit the offence of abuse of...
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Culpability in Criminal Law
Brtnová, Klára ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of the diploma thesis is culpability in criminal law, which is characterized as an internal psychological relationship of the offender to the violation or great of interests protected by criminal law. Culpability is the only obligatory feature of the subjective aspekt of a criminal offence, and therefore it is a key institute of criminal law, because without culpatibility there is no criminal offence. The diploma thesis is dividend into eight parts, including the introduction and conclusion. The first charter defines the koncept of criminal offence, its general and typice features. By fact, we mean a set of signs that show which criminal offence it is. The second charter is devoted to the historical development of culpability and is further dividend into subchapters, which each correspond to historic periods, or individual criminal laws, which came into force and effectiveness in our territory. The subjekt of interpretation in the third charter is the principle of liability for fault, its content and extent. Finally, this charter describes the construction of the facts in terms of culpability. The fourth charter deals with individual forms of culpability, incl. direct and indirect intentions and conscious negligence and unconscious negligence. Special attention...
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Error in criminal law
Tylšarová, Kateřina ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Diese Diplomarbeit beschäftigt sich mit dem Irrtum im Strafrecht und seine Problematik. Zweck der Arbeit ist die Wichtigkeit von diesem strafrechtlichen Institut zu betonen und seine Rolle im Rahmen des Strafrechts klarzustellen. Daraus entspringt auch seine sehr enge Verbindung zwischen dem Irrtum und dem Grundsatz der Subsidiarität der Strafrepression, auf welchen muss man in einigen Fällen des Rechtirrtums eine besondere Rücksicht nehmen. Der Irrtum des Straftäters ist für die Rechtstheorie wesentlich. Und es hat eine große Bedeutung auch für den Täter, weil es Einfluss auf seine strafrechtliche Verantwortlichkeit hat. In dem ersten Teil definiere ich erstens einige Begriffe, die wesentlich für das Verständnis des Irrtums sind und auf welche wir nicht verzichten können. In dem ersten Kapitel geht es um den Straftat. In dem zweiten Kapitel verlege ich mich mit der subjektiven Seite der Straftat und mit den Begriffen wie das Verschulden, der Vorsatz, die Fahrlässigkeit, der Versuch, die Vorbereitu ngshandlung und Weitere, also die meist mit Zusammenhang mit dem Strafrechtirrtum verwendeten Begriffe. In dem dritten Kapitel stelle ich kurz auch die Umstände, die die Widerrechtlichkeit beseitigen, vor. Kurzgefasst zahle ich auf, um welche es geht und was wir uns unter diese Begriffe vorstellen...
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The question of self-induced insanity
Jechová, Veronika ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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Culpability in Criminal Law
Gašparík, Milan ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of this diploma thesis is culpability in criminal law. Culpability is a traditional institute of substantive criminal law and is an obligatory feature of the subjective aspect of a criminal offense. It expresses the internal psychological relationship of the perpetrator to the facts constituting the crime. Criminal liability in the legal system of the Czech Republic is based on the principle of liability for fault. If actual facts relevant from the point of view of criminal law are not covered by the culpability of the perpetrator, his criminal liability cannot be inferred. The thesis is divided into an introduction, 6 chapters and a conclusion. In order to understand the position of culpability within the structure of criminal offense, the first chapter defines the concept of a crime as a whole and its individual features. A general characteristic of the institute of culpability is offered in chapter two. It discusses the principle of liability for fault and the definitional features of culpability, including its individual components, i.e. the consciousness and volitional components, as well as the content of culpability, its degree, and procedural aspects, including the proving of culpability in criminal law. The central chapter of this diploma thesis is...
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The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code
Chamrádová, Natalie ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis, bearing the name "The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code" aims to analyse and understand deeper the crime of drunkenness in all its aspects. Initially, it deals with the historical kontext of this crime and the development of its conception through history to this day. The thesis also describes terms of diminished sanity and insanity as well as other terms related to the crime including the institute actio libera in causa in both of its forms. This crime is indeed an atypical one, whilst being one of the methods of dealing with illegal deeds committed by inflicted insanity. Such crime lies in the fact that the offender of an act otherwise criminal (one lacking an important sign of a crime) had, prior to such act, induced himself to a state of insanity by culpable consuming or applicating an addictive substance. Insanity as itself exclude criminal culpability of the offender, however not in cases hen offender self-inducing it by consuming or applicating an addictive substance, which makes the crime of drunkenness unique. No less interesting is that, in a way, the crime of drunkenness overcomes the principle nullum crimen sine culpa, or no crime without culpability, since it is composed of two separate actions, while culpability revers only to...
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Prerequisites for damage compensation liability
Kudláček, Michael ; Šustek, Petr (advisor) ; Thöndel, Alexandr (referee)
This rigorous thesis deals with the delict law sector which concerns prerequisites under which the infringer has the obligation to compensate the damage to the aggrieved. The damage must occur under the causal relation with the illegal act of the infringer which must usually be also based on fault. Main chapters copy these basic prerequisites of this thesis. The basis of this content can be found in the civil code. As wrongful is regarded such act that contradicts the law and order norms. In the civil code context it applies mainly to the breach of good manners, absolute right infringement, protective rules violation, as well as breach of contract. The mutual relation between act and consequence must be connected with a causal link. This prerequisite splits into two relatively independent parts, thus factual (causality) and legal (imputability). Causality stems from natural patterns of existence and tries to describe them. The condition theory (conditio sine qua non) is dominant here and according to it, causal connection is present between a particular act and consequence when the consequence would not have arisen but for the act. Imputability deals with a concrete case by the method of justice and political consideration. The means which help to find out imputability, are the adequacy theory and...
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Liability of the employee for damage
Cozl, Marek ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Liability of the employee for damage Abstract The content of this thesis is the issue of employee's liability for damage caused to employer. The topic of the thesis is constantly relevant, as it concerns a large number of people, because in the first quarter of 2020 more than four million employees were registered in the Czech Republic. The issue of employee's liability for damage, respectively its compensation is a very sensitive topic for employees, as compensation for damage, for example in the amount of several monthly incomes, is a significant intervention in the economic situation of almost every employee. In addition, the regulation of employee liability for damage, given its long- term strong protection of employees, can have an impact on the labor market, as employers are often exposed to the significant risk of damages they may demand from employees. As a result, employers may prefer other forms of cooperation than on the basis of an employment contract. The aim of the thesis was to give a clear and comprehensive interpretation of the institute of employee's liability for damage, to analyze this institute in detail and analyze the legal regulation of various types of employee's liability for damage in connection with selected relevant case law, and finally to provide partial proposals de lege...
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