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...
Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:330757 |
Date | January 2013 |
Creators | Kučera, Petr |
Contributors | Hořák, Jaromír, Vanduchová, Marie |
Source Sets | Czech ETDs |
Language | Czech |
Detected Language | English |
Type | info:eu-repo/semantics/masterThesis |
Rights | info:eu-repo/semantics/restrictedAccess |
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