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Trestný čin vraždy novorozeného dítěte matkou / The Crime of Murder of a Newborn Child by the MotherKonečná, Eliška January 2021 (has links)
The Crime of Murder of a Newborn Child by the Mother Abstract The topic of this diploma thesis is the crime of murder of a newborn child by the mother. In the first part of the thesis, the author deals with a historical excursion in the Czech lands from the 16th century until the end of the 20th century. The chapter maps the development of the regulation from early modern laws to the current Criminal Code and reflects the influence of previous regulations on the current form of this crime. The work also deals with criminological aspects of this issue in the 16th-19th century. The second chapter focuses on the individual elements of § 142 of the Criminal Code, ie. object, actus reus, subject and mens rea of this crime. The author discusses here, for example, the definition of the time when the crime of murdering a newborn child by a mother can be committed. It also addresses the issue of committing this crime in an omissive manner and the pitfalls associated with proving intent in such cases. The following chapter deals with the developmental stages of this crime and the author discusses mainly the attempt of this crime, with emphasis on the circumstances of the cessation of criminality of the attempt and the attempt on an unfit object of an attack. The fourth chapter of this work is devoted to prevention....
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