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Theft with violence

Publication at Faculty of Law |
2023

Abstract

The paper deals with the issue of theft associated with violence. In the Czech and Slovak Criminal Code, the common historical tradition makes the offence of theft a criminal offence whereby the perpetrator takes possession of another's property with the intention of treating it as his own and immediately afterwards uses violence to keep it.

While such theft is punishable regardless of the amount of damage caused, it is only a misdemeanour in the basic offence punishable by a maximum sentence of two years. So far, the question of whether such a punishment is adequate in view of the seriousness of the act and its consequences has not been dealt with in detail in Czech and Slovak (and formerly Czechoslovak) literature.