| Abstract [eng] |
The introductory part of the article indicates, that severe heath impairment, comparing it to the other crimes against human, according to its nature and caused consequences, is one of the most serious and dangerous crimes. Factually more dangerous crimes than severe heath impairment are only crimes against human life. The extraordinary dangerousness of severe heath impairment is determined by its actus reus and mens rea – the components, which content causes a lot of discussions in the field of theory and jurisprudence of Criminal Law. The main object of the research is the detailed analysis of the conduct, as the structural component of the actus reus of severe health impairment. In the first part of the article the conception of the conduct, as the main feature of analyzed crime, is being reviewed. As severe health impairment can be committed both by an act and omission, the next part of the article reviews these both forms of the criminal conduct by emphasizing their theoretical and practical issues. In the end of the article the conclusions are drawn, that under the Article 135 of the Criminal Code, severe health impairment can be committed by causing (by an act or omission) bodily harm or an illness to a victim. Moreover, under the analysis of courts jurisprudence in criminal cases on severe health impairment, there are being emphasized, that criminal conduct of severe health impairment is often characterized as a dangerous behaviour of the offender with the aim of disrupting the functions of victim’s vital body organs or tissues, or damaging their anatomical integrity. |
