Publication details

Dopravní nehody v judikatuře českých soudů

Title in English Road Traffic Accidents in the Case Law of Czech Courts


Year of publication 2018
Type Article in Proceedings
Conference Trestnoprávné súvislosti ochrany života a zdravia. Zborník príspevkov z medzinárodnej vedeckej konferencie
MU Faculty or unit

Faculty of Law

Keywords causal nexus; culpability; traffic accidents; injury; death
Description This paper focuses on the topic of Czech courts’ recent case law on causation in traffic accidents-related crimes. In its first part, it presents a few necessary theoretical foundations of causation in the Czech criminal law, based on a but for doctrine with several correctives, then it proceeds to an introduction of a landmark decision of the grand senate of the criminal college of the Czech Supreme court which deals mainly with the issue of applicability of the theory of gradation in cases where illegal acting of both participants of the accident was a but for condition to it. An analysis of this decision is conducted subsequently and after that the paper continues to an analysis of transferability of the findings of the said decision into a broader context.
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