Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract This thesis is focused on crimes of murder and manslaughter under Act No. 40/2009 Coll., Criminal Code. The aim of the thesis is to deliver a complex analysis of crimes of murder and manslaughter under section 140, 141 of the Criminal Code and evaluate them de lege ferenda. The thesis is divided into five chapters. The first chapter is dedicated to the historical development of intentional killings regulation in the premises of today's Czech Republic. In particular, the attention is brought to the Austrian Penal Act from 1852 all the way up to the adaptation of the present Criminal Code of the Czech Republic. The second chapter is focused on actus reus of the crime of murder and manslaughter. Both of these crimes are of special significant object - the human life. This chapter's focus is also dedicated to the beginning and the end of human life from the perspective of criminal law. The third chapter focuses on the analysis of the crime of murder and its systematization under the present Criminal Code. Within this chapter, the simple murder and premeditative murder are outlined from which is murder with forethought and murder after prior consideration further defined. The significant part of this chapter is the description...

This work explores in general intentional homicide according to the Czech law. Until recently, all cases of intentional homicide were considered as a murder. The new Czech penal code, adopted in 2009, divides intentional homicide into two crimes: original murder and less serious manslaughter. As mentioned above, crime of murder has gone through some important changes. In recent penal code, body of this crime is more divided for better fitting for specific offender; there is distinction between simple murder, which has affective character and premeditated murder or murder committed with aforethought. The term premeditation can be basically defined as mental activity of the offender that rests in evaluating of contradictory driving motives and precedes and determines the decision to commit a crime or to commit a crime in a certain way. Premeditation and aforethought characterize cases, in which the offender had relatively higher degree of rational control over his or her criminal act. Offender had a chance to take into account the motives dissuading him from the crime. Crime of manslaughter is a new a privileged factum in the system of Czech homicide law. It has two possible factums: excusable intense mental agitation and previous condemnable conduct of the aggrieved. Next part of the work focuses on the...

- Crime of murder and killing under Section 140, Section 141 of the Czech Criminal Code The target of my thesis is primarily a closer analysis of the legal characteristics of subject matters of crimes of murder and killing under § 140 and 141 of the Criminal Code, based on the grounds of the available literature and case law. The first chapter outlines the history and conception of intentional killing on the Czech territory, including their punishment, since the primitive culture society until the adoption of the Law no. 40/2009 Coll. (Criminal Code). The second chapter is devoted to a brief definition of a new system of the problematics of crimes against life and health in the new Criminal Code, including various forms of intentional killing, and is designed as a general introduction for further explanation. In the next chapter, we discuss human life as an object of crime, with a focus on clarifying the issue of its beginning and end, because it is necessary to define the period in which human life is protected by the criminal law. In order to make the text more synoptic, the main explanation for the offence of murder is divided into two chapters. The first one is there for introduction to the basics of the subject matters of this crime. In the sub-chapter devoted to the subjective aspect I...

Resumé This thesis called "Crime of murder and killing under Section 140, 141 of the Criminal Code" focuses mainly on description these two crimes, basic problems with interpretation of vague legal concept and evaluating the benefits of the new legislation. Thesis deals with the issue in terms of criminal law, not the criminological point of view. In the beginning, it contains the history of legal regulation of intentional killings in our country, development the protection of human life and main principles governing penal codes in Czech history. Subsequently, the thesis applies one's mind to the status of human life in the present. The protection of human life occupies one of the leading places in the Charter of Fundamental Rights and Freedoms of Czech Republic and in a new Criminal Code effective from the year 2010. Right to life is also the subject of many international treaties or declarations, the most important of them are mentioned. One chapter is devoted to question of precise determination the moment of commencement and termination of human life, which is very important for answering the other question, whether the crime of murder or killing, have been committed or not. The core of the thesis is devoted to characterizing the main elements in murder and killing. New criminal code, Act No. 40/2009,...

My thesis deals with crimes of murder and manslaughter under section of 140, 141 Czech criminal code. The main goal is to analyse obligatory and facultative facts of these crimes, especially by using legal literature and tens of judicial decisions. However, this goal is not easy to achieve if the reader is not properly familiar with general issues concerning the topic. Therefore, some of more general topics are necessary part of my thesis as well. A short introduction in the beginning is followed by a chapter dedicated to human life. Human life is protected object of both discussed crimes, murder and manslaughter. What needs to be properly understood is where a human life begins and ends. Man can be only killed only if his or hers life had begun as perceived by criminal law. The chapter is focused on the majority understanding of the beginning of a new life of the legal experts (to which I also lean towards) but the minority opinion is briefly mentioned as well. The end of human life is even more important because killing another person is the merit of the concerned crimes. However, the end of the human life is mostly quite clear and it is not usually questioned by legal experts. The second more general chapter is determined to introduce the historical development of the legal regulation of the...

This thesis deals with the crimes of murder and manslaughter which are regulated under section 140 and 141 of the effective criminal code. The main objective of this thesis is to perform an analysis of the bodies of the mentioned crimes with the help of specialised literature and case law. This thesis is divided into seven parts further split into chapters and points. The first part, which is focused on the historical development of the examined crimes, especially in the period from the foundation of the independent Czechoslovakia to the moment of the enactment of the current criminal code, is split into two chapters. The dividing line between these chapters is the "legal biennial," more precisely the moment of the enactment of the criminal code from 1950 that unified and simplified the existing regulation of the intentional killings as well as the substantive criminal law as a whole. The second part is also divided into two chapters and it places the crimes of murder and manslaughter into a wider context of the first head of the special part of the criminal code and of the systematics of the intentional killings as well. The third part of this thesis is focused on the object (protected value) of the crimes of murder and manslaughter, which is the human life, more precisely the part of the human...

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...

- 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...

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...

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...