| Abstract [eng] |
Ideal and Real Concurrence in the Doctrine and Practice of Criminal Law. The master's thesis is designed to define the concept of concurrence of criminal offenses, to distinguish its forms, to analyze the legal significance of the institute of Ideal and Real Concurrence and to determine the legal consequences arising from the concurrence. The paper analyses and summarizes how the concurrence of criminal offenses is treated in the Criminal Code, legal doctrine and case law in the context of national law. The concurrence of criminal offenses can be described as a situation where a person commits two or more criminal offenses provided for in the same or several different articles of a special part of the CC before convicting at least one of the offenses and there are no obstacles to prosecuting at least two acts committed. This definition is broadly in line with the definition of multiple offences. For the sake of clarity, duplication of concepts in the legal system should be avoided and the term "criminal offenses" should no longer be used and replaced by the term "criminal offense". The ideal concurrence of criminal offenses is when a person commits two or more crimes or criminal offenses provided for in different articles of the CC in one act, and neither of them is prosecuted. Real concurrence - when a person, by independent acts, usually in the interval between them, realizes the features of the composition of two or more criminal acts provided for in different or the same articles of the CC or parts thereof. Different types of overlap lead to different legal consequences. In the case of an ideal concurrence, the penalties are shared by way of coverage, and the abolition criminal liability is possible. In the case of a real concurrence, the penalties can be shared by both capture and aggregation, and the abolition criminal liability is not possible. The rules for calculating the limitation period also depend on the type of prescription. |
