| Abstract [eng] |
In this master's thesis the author analyzes the concept of criminal liability, the content of criminal liability and its elements. This work stipulates that criminal liability can be understood as the obligation of the offender to be subjected to criminal and criminal procedural measures that limit the rights and freedoms of this person. The beginning of criminal liability is associated with the moment of the commission of a criminal act, when the objective and subjective signs of a criminal act are realized in objective reality, which presupposes the creation of legal relations between criminal and criminal proceedings. On the basis of the requirements of the presumption of innocence, it was held that the procedural coercive measures applied to the person before the court's decision establishing the guilt of the person became final, were to be regarded as an element of the content of criminal liability when the judgment confirming the guilt of the person became final. The content of criminal liability consists of all measures of criminal legal effect applicable to the offender, which are provided for by the criminal and criminal procedure laws. As a result of the analysis of the individual elements of the content of criminal liability, it was found that procedural coercive measures have an independent criminal legal meaning, they pursue, among other things, the objectives of criminal liability. Procedural coercive measures such as arrest, intensive care, house arrest are largely in line with prison and imprisonment sentences, and therefore there is a need for legal regulation providing for rules on the inclusion of house arrest and intensive care in the sentence. It is also established that criminal legal relations do not disappear after the end of the conviction, since the restrictions on human rights and freedoms imposed by law on sentencing are a consistent continuation of criminal liability. Finally, it has been established that coercive medical measures can be considered as an element of the content of criminal liability in cases where they are applied to a person who was not incriminated at the time of the commission of the offence, as well as when applied to a person who has had a mental disorder after the commission of the offence or while already serving his sentence. It is indisputable that the main purpose of these measures is to cure a person, but when a person is cured of a mental disorder, the goals of criminal liability are also achieved. |
