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Legal protection of domestic violence victims
Míšková, Michaela ; Císařová, Dagmar (advisor) ; Vanduchová, Marie (referee)
Legal protection of the victims of domestic violence In my thesis I focused on such a sensitive and very actual topic as domestic violence, especially from the perspective of existing legislation on protection of victims and also from the perspective of possible approaches to the possible solutions of this phenomenon. Despite the development of the legislation in recent decades the occurrence of domestic violence is still a major problem of modern society, mainly because of the fact that it usually takes place in private situations between the offender and the victim in a domestic environment "behind the closed doors" and the concerned persons are usually in close relationship. In my thesis I tried to focus on the phenomenon of domestic violence mainly from the perspective of the victims and their legal protection. I tried to define domestic violence by defining the necessary concepts, and also from the perspective of existing legislation of this phenomenon, including a description of previous development. In the introduction to my thesis I pay particular attention to the description of the characteristics, types and forms of domestic violence, its usual consequences. I also describe the victimological aspects and focus on the concepts of "victim" and "offender". Marginally I also describe...
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Death penalty
Fuksa, Filip ; Císařová, Dagmar (advisor) ; Hořák, Jaromír (referee)
Death Penalty - Summary As the theme of my thesis, I've chosen the death penalty. The death penalty is phenomenon that accompanies mankind from the earliest time. Although the capital punishment is currently on decline and it has been abolished in many countries of the world, it is still a topic that arouses passionate debate. In the Czech Republic, the death penalty was abolished more than twenty years ago, but the majority of the population in the opinion polls calling for its renewal. Therefore I decided to mainly deal with the question of the acceptability of the death penalty, and to work with the alternatives offered by our legal system. In the introduction of my thesis I've determined the range of subtopics, which I will pursue and I have asked the questions that I had during work to answer. The whole thesis is divided into eight main chapters, which are further divided into subchapters. The first chapter is devoted to the concept and purpose of the punishment. The first subchapter deals with the concept of punishment. I summarize here the historical theories about the purpose of punishment, both retributive theory, utilitarian theory and combined theories. In the last subchapter I describe the purpose of punishment in today's Czech criminal law. The second chapter briefly describes the death...
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Euthanasia
Vlčková, Klára ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The aim of this Master's degree thesis is an overall assessment of the issue of euthanasia and a consideration of its possible legal regulation. In order to accomplish this aim it was necessary to carry out an analysis of foreign legislations of euthanasia. Furthermore, I have dealt in this thesis with the current status of euthanasia under the legal order of the Czech Republic with primary emphasis on criminal law. This thesis consists in total of four chapters. Chapter One deals with the most general matters of euthanasia, in particular with the matter of the term itself, usually determined forms and historical developments of attitudes towards euthanasia. Chapter Two compares foreign legislations of euthanasia and their impact on practice. Chapter Three clarifies the status of euthanasia in respect of the Czech legal order, in particular from the perspective of criminal law, in respect of recent legislative efforts for its legal regulation and considerations of possible future legal development. The last chapter deals with fundamental arguments of supporters and dissenters of euthanasia and provides its summarizing assessment. The conclusion, which I have reached while working on this thesis, is kind of a compromise. I suppose that legalization of euthanasia does not stand for a right direction,...
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Death penalty
Trojan, Ondřej ; Císařová, Dagmar (advisor) ; Tlapák Navrátilová, Jana (referee)
The death penalty - resume: The death penalty or capital punishment is the oldest punishment and it is still used. The death penalty is not only a legal topic but also political, ethical and moral. There is no way how to take back this punishment after its execution and that is the reason why it is still the matter for discussions and it is one of my thesis reasons . This thesis is divided into four chapters. The first chapter is focused on history of this punishment in the world because capital punishment was used throught all human history . Ways of execution in history and current ways of execution are explained in in the rest of this chapter. The meaning of the following part is to show and explain current situation in the world and also in the Czech Republic. After that one of the most important parts of this thesis follows and this chapter is focused on argument analysis of proponents and oponents. This thesis is focused not only on open-minded analysis of arguments but it is also influenced by author's opininon . The last chapter is focused on public opinion in the Czech Republic, especially from so called velvet revolution till now. Great interest is put on public opinion progress in connection with mass-media and one of the reasons was that nobody had done it before this thesis. The number of...
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Transplantation Act: ethical and legal aspects. Theory and practice in the Czech Republic in comparison to the legal regulation in Germany
Jirmářová, Lucie ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
86 Abstract - Transplantation Act: ethical and legal aspects. Theory and practice in the Czech Republic in comparison to the legal regulation in Germany Transplantations and related issues form an important part of medical law which is constantly developing. Currently it is a widely debated topic because there is lack of organs for donation, thus current supply can't satisfy all the demanding donees. It is a problem where the ethic, legal, medical and economic factors meet so there is no easy solution for majority of difficulties associated with transplantations. This diploma thesis focuses on contemporary legislation of organ and tissue donation and transplantations in Czech Republic which is mainly based on transplantation law and several legally binding international agreements. The aim of the thesis is a comprehensive evaluation of the current legislation and its comparison with the same legal branch in Germany. The work will also point out some of the shortcomings associated with the transplantation law and proposal of possible solution. Thanks to the comparison the thesis comes to a conclusion that the Czech transplantation law is relatively of high quality, but there are still imperfections which haven't been erased even by the approved amendatory act. However with relation to the German...
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Temporal applicability of criminal legislation and certain selected issues occurring in practice
Sýkora, Michal ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
1 Abstract The essay is taking through the current problems with the time applicability of the criminal (penal) law in the Czech republic, especially with the view of new Criminal Code no. 40/2009, which has taken place on 1st January 2010 (but the new Criminal Code was in progress for several years). The theoretical part of the essay is about the basic questions of the criminal (penal) law's time applicability, the sources of the law (both national and international) from the past and present, also the basic theoretical insights into the time applicability and finally its current adaptation in the Czech law system and the changes brought by the new Criminal Code. The most significant and serious change in the Criminal Code regarding to the time applicability is to be able to establish the exact time of the criminal act. The previous absence of this adjustment in the Criminal Code no. 140/1960 have caused disagreements between the theory and the judicature, whether the actual time of the criminal act is once the crime has been accomplished or when the criminal act hase been committed. The new Criminal Code have uniquely determined this to be once the criminal act has been committed which means no future disagreements with that issues. The practical part of the essay is describing and dealing with problems...
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The rights of patients
Kašparová, Anna ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Rights of the Patients (resume) The thesis Rights of the Patients does not provide a comprehensive survey of all rights the patients have under applicable legislation, thus, for reasons of complexity of the theme, the author focused only on the most important of them. Separate chapters are dedicated to individual rights, in order basically corresponding to importance the author attaches to particular ones. Each chapter comprises general lecture on the respective right, its regulation in international legal documents binding on the Czech Republic and in domestic legal documents. In footnotes, the author provides, for the purposes of comparison, regulation of particular institutes in foreign legislation. In the opening, the author defines the terms "health law" and "medical law" and provides overview of the most important international and domestic health-law regulations, supplemented with enumeration of their principles related to the area of providing medical care. With regard to currently discussed legislative proposals, which mean the long-awaited amendment to domestic medical law and, if approved, will bring many significant changes compared to the present state, the author included a separate section dedicated to these legislative proposals at the end of the first chapter. The second chapter discusses...
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The concept and legal consequence of the excessive use of self-defence and necessity
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Císařová, Dagmar (referee)
The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress Diploma thesis called "The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress" is based on Criminal Code, Act N. 40/2009 Coll., as applicable to 1 December, 2011. The thesis deals with legitimate self-defense and distress, as two circumstances excluding illegality, which belong to basic human rights, that everyone can by himself avert attack or danger threatening his interest protected by the Criminal Code. Thesis's insight of legitimate self-defense and distress is based on situations when person exceeds allowable bounds of legitimate self-defense and distress, and it's behavior becomes lawless and punishable. First part deals with circumstances excluding illegality as a term including legitimate self-defense and distress. Second part is based on actual characteristic and conditions of legitimate self-defense, together with specification of statutory legal limits of behavior in legitimate self-defense and distress. In following third part concepts of exceeding limits of legitimate self-defense and distress are analyzed in detail. There is a description how acting person can extravagate these limits. Nonobservance of time limits,...
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Relationship doctor- patient; criminal aspect
Vrajíková, Melinda ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The purpose of my thesis is to analyse criminal aspects of the relationship between a doctor and an patient. The reason for my research is that I think this topic does not recive enough attention in Czech republic as it deserves. The thesis is composed of five chapters, each of them dealing with different aspects of doctors criminal lability. I dedicated m attention only to doctors criminal lability, not to the criminal liability of patient. Chapter One is introductory and defines basic terminology used in the thesis as types of lability, basic aspects of relatinship between doctor and patient, medical experiment, specific aspects of criminal lability in medicine and another terminology which is often used in medical law. The chapter is devided in nine parts. Chapter Two is dedicated to crimes which are usually committed by doctors practising their profession. The chapter is divided five parts, using the same system and order as in czech Penal Code. Chapter Three is subdivided in two parts. Part one is dedicated to euthanasia and legal problems which are united with euthanasia. Chapter three examines relevant czech legislation and problems in czech legislation united with euthanasia. This part of chapter also deals with advantages and disadvantages of euthanasia. Part two is dedicated to assisted...
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Criminal law aspects of the first aid
Horák, Ondřej ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal law aspects of the first aid (summary) Ondrej Horak The purpose of this thesis is to clarify and to analyze the criminal law aspects of the first aid in relation to the healthcare professionals. A duty to provide first aid is stricter for the healthcare professionals and unlike laymen they cannot withdraw from this obligation even in life or health threatening situations. At the same time, they face the highest rate of accusations of having committed the crime of breach of the duty to provide the first aid. This work aims to support a discussion on this crime and to contribute to raise the legal awareness within the healthcare professionals. Last, but not least, the goal of this thesis is to point out particular complicated questions related to this topic and to outline possible solutions to improve the legal regulation. The thesis is composed of five chapters. Chapter One provides a summary of the general legal framework of the first aid including both national and international rules. A part of the summary is also concerned with delegated regulation and outlook for the impact of the medical reform. Chapter Two defines three fundamental terms which can be found very often in relation to this topic and which are the key terms to understand this issues. These are the terms: "necessary aid, the...
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