| Summary: | The crime of habitual drunkenness under s. 360 of the Criminal Code This thesis about drunkenness offense under § 360 of Act No. 40/2009 Criminal Code consists of ten chapters. Author defines the basic concepts of this offense, analyze legislation, and deals with theoretical approaches and criminological aspects of this crime. The first chapter is devoted to the reasons for the very existence of this specific instrument and the concept of insanity, including a treatise on the assessment of sanity in practice in the form of an expert evidence. The second chapter briefly summarizes development of legislation connected with drunkenness in our country for the period from Maria Theresa criminal law reform to the present. The third and fourth chapter contains analysis of the present legislation of drunkenness in its current version, including actio libera in causa contained in § 360 paragraph 2 of the Criminal Code. In the fifth chapter, the author discusses the arguments of theoretical approaches to punishment of willfully insane offenders and formulate his own critical attitudes. At the same time, author compares the effects of the application of the theory to examples from recent case law of the Czech courts. The sixth and seventh chapter deals with the crime of drunkenness in terms of the possibility...
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