| Abstract [eng] |
The master’s thesis analyses the elements of the main, qualified and highly qualified corpus delicti of the criminal association as enshrined in Article 249 of the Criminal Code. Taking into account dual meaning given to this phenomenon (form of complicity, criminal offence), an analysis focusing on the elements of Article 25 (5) of the Criminal Code. By analysing the works of legal scholars and relevant case law, the question of the sufficiency of the elements of a criminal association criminalised by the Criminal Code has been assessed, and a proposal has been put forward to supplement the definition of this phenomenon in the law. A detailed examination of the case law of 2018 – 2025 also reveals the content of the elements of a criminal association, which specific elements are decisive for the establishment of a criminal association, and which are also characteristic of an organised group. Among other things, the shortcomings of the regulatory framework and the problems encountered by the courts when dealing with cases of criminal association are noted and appropriate proposals are made. This paper reveals the peculiarities of the criminal liability of members of a criminal association and pays particular attention to the exemption of members of a criminal association from criminal liability on the basis of Article 391 of the Criminal Code. This institute is used quite actively in criminal association cases and increases the effectiveness of the fight against criminal associations, as the testimony of exonerated members of criminal structures is one of the most important factors in incriminating the elements of a criminal association, and assisting law enforcement authorities is a key tool in exposing such formations. This paper identifies shortcomings in the systemic nature of the Criminal Procedure Code in relation to the procedure for exemption from criminal liability, procedural human rights, and makes proposals to remedy them. Among other things, the debatable implementation of constitutional provisions and the guarantee of the rights of the accused and convicted individuals in the proceedings are highlighted. |
