| Abstract [eng] |
This master’s thesis provides analyses the concept of competition of criminal law norms by simultaneously analyzing the concepts of qualification of criminal acts and criminal law norms – two elements without which there would be no competition of norms. The separation of the competition of criminal law norms from the coincidence of criminal acts is also discussed. The Master’s final thesis examines cases of competition of criminal norms – fraud, provided for in Article 182 of the Criminal code, relation to the criminal act of causing property damage by deception, provided for in Article 186 of the Criminal Code, and with credit fraud, provided for in Article 207 of the Criminal Code. The aim of the master’s thesis is to compare the objective and subjective features of these criminal acts, to distinguish why the acts provided in Article 186 and 207 of the Criminal Code are special norms because of their subject, while the crime provided in Article 182 of the Criminal Code is a general norm. After analyzing court practice and legal literature, it was determined that the act of causing property damage by fraud is distinguished according to the nature of the subject matter – monetary obligations, while credit fraud is distinguished by the fact that, if the criminal act is directed at a loan, credit, letters of surety or bank guarantees, based on a pre-formed intention to seize someone else’s property or property right, and in order to receive targeted support, subsidy or grant – only the criminal offense provided for in Article 207 of the Criminal Code applies. Privileged murders are also examined, as well as the separation of attempted murder from finished health disorders. Article 130 of the Criminal Code applies when the perpetrator is in a state of physiological affect, due to the victim’s illegal or extremely offensive act, but the time interval between the victim’s act and the murder and also the intensity of excitement must be determined, Article 131 of the Criminal Code is applied when a mother murders her newborn due to the state determined by childbirth, which is determined from the expertise and case materials, but if the intentional murder of one’s newborn occurred before birth, the act is qualified according to Article 129 of the Criminal Code. A criminal act as an attempt to murder is qualified in the presence of a direct defined intent, if there are other types of intent – the act is qualified based on the resulting consequences. |
