| Abstract [eng] |
This master’s thesis examines the concept of criminal liability and exemption from criminal liability as a form of the implementation of criminal liability. The grounds for exemption from criminal liability, established in Chapter VI of the General Part of the Criminal Code, are compared with the grounds established in the Special Part of the Criminal Code. Differences are identified in the “universality” of their application, in the imposition of penal measures, and in the legislative wording employed. Certain similarities and differences in the regulation of the system of exemption from criminal liability in foreign legal systems are also observed. This master’s thesis further analyses selected grounds for exemption from criminal liability in certain aspects that are currently relevant. It is observed that exemption from criminal liability on the basis that a person has lost their dangerousness is, in practice, also applied to young persons in situations where, due to the gravity of the offence committed, the court is unable to apply Article 93 of the Criminal Code, whereas exemption from criminal liability on the ground that the criminal act has lost its dangerousness cannot be applied in cases where certain changes do not lead to the loss of dangerousness of the acts provided for in the Criminal Code or to their decriminalisation. In the context of Article 37 of the Criminal Code, it is stated that if the criminal act committed by a person has not reached a degree of dangerousness sufficient to justify the imposition of criminal liability, the matter should be resolved by other legal means rather than through the implementation of criminal liability in the form of exemption on the ground of the insignificance of the criminal act. With regard to Article 39-1 of the Criminal Code, the position is taken that exemption from criminal liability cannot be applied in cases where a person commits acts unrelated to the forms of complicity listed in the provision. In the context of Article 19(2) and (3) of the Criminal Code, it is considered that exemption from criminal liability for persons, after properly assessing the fact of being made intoxicated against their will, should not be differentiated according to the gravity of the offence committed. Moreover, in cases of physiological intoxication, such persons, where they are completely unable to control their actions, should not be held criminally liable, while those who retain partial control over their actions should be exempted from criminal liability, regardless of the absence of a medical criterion. |
