Culpability in Criminal Law

Culpability in Criminal Law Abstract The topic of the thesis is culpability in criminal law. Culpability is understood as a state of offender's mind in relation to circumstances which establish an offence. Culpability is a fundamental institute of criminal law because there is no offence without fault. The thesis is divided into eight parts including the introduction and the conclusion. Culpability is a mandatory attribute of a subjective aspect of a criminal offence which, together with other elements, creates a body of crime. Therefore the remaining conditions of criminal liability are described in the first part of the thesis, followed by different attributes of a subjective aspect of an offence called a motive and an aim. The second part of the thesis is dedicated to the substance of culpability including the principle of liability for fault. Furthermore components of culpability, its content, intensity and construction of culpability in bodies of crimes are discussed as well as other possible concepts of culpability whereas the concept of culpability which is based on two forms applies in Czech Republic. The second part concludes with the issue of evidence of culpability and explanation about intention as a necessary prerequisite of indirect perpetration, complicity and participation. The third part of..