About Material Side of the Especially Grave Crime Robbery

Vol.22,No.1(2014)

Abstract

This article analysis selected questions of material side of the especially grave crime robbery, in the czech criminal law, inclusive of legal reglementation in selected countries (Germany, Austria, Slovak Republic).

It´s conclusions are response to controversial decisions of criminal courts concerning the same case of robbery in the Czech Republic.

The public prosecutor and court of appeal, on the one hand, qualifyed concrete case only formally as accomplished robbery. Court of first instance, on the other hand, qualifyed the same criminal case not only formally, but materially too, namely only as disorderly.

To my mind as attempt to robbery is adequat legal qualification. It means in view of the fact of material side of the especially grave crime robbery.

This formally – materially approach, not only formally, rates as correct Criminal Collegium of Supreme Court too.


Pages:
23–29
Author biography

Vladimír Kratochvíl

Department of Criminal Law, Faculty of Law, Masaryk University, Brno

Oddělení evidence judikatury Nejvyššího soudu
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