Mistake in criminal law

ERROR IN CRIMINAL LAW ABSTRACT The subject of this thesis is the concept of error in criminal law, which represents a key substantive law institute with a significant impact on the assessment of the subjective element of a criminal offence, and consequently on the offender's criminal liability. The notion of error has been present in criminal law since its historical beginnings, while the current Czech legal framework distinguishes between error in facto and error in law. Although the institute of error was explicitly codified only with the adoption of Act No. 40/2009 Coll., the Criminal Code, its statutory regulation remains relatively concise, leaving many essential interpretative questions to academic literature and the case law of the higher courts. The aim of this thesis is therefore to systematically define the individual forms of error under the current legal framework and to conduct their comparative analysis. The thesis further seeks to identify and examine disputed or unresolved issues associated with the practical application of the concepts of error in facto and error in law, particularly with respect to their influence on the form and existence of culpability, which constitutes an obligatory element of the actus reus of a criminal offence. The research is conducted through the use of...