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Euthanasia
Taschnerová, Lucie ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Euthanasia was and still is one of the most controversial topics. It is a complex problem that involves religious, moral, medical and legal aspects. My thesis is focused on euthanasia in relation to the law. The aim of the thesis is to analyse the issue of euthanasia from the perspective of legislation in the Czech Republic. The thesis consists of five chapters. The first chapter contains introduction to the topic of euthanasia. The second chapter is devoted to the definition of term euthanasia. Euthanasia is a word of Greek origin ("eu"- good and "thanatos"- death). Its meaning is good, beautiful or merciful death. Nowadays the term is used in the sense of intentionally termination of life on request to relieve pain and suffering. This chapter also includes the definition of forms of euthanasia. The third chapter is focused on euthanasia in the sense of killing on request. In this meaning, euthanasia has never been explicitly regulated in the Czech Republic. But it does not mean that the issue of legislation of euthanasia is not actual. This chapter is subdivided into the three parts. The first part is about history of legislation of euthanasia. The second part is concentrated on legal classification of euthanasia according to the Czech Penal Code. The last part contains the ideas de lege ferenda....
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Circumstances of justification and medical practise
Strnad, Jan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Responsibility of the doctor in criminal law and the circumstances under which it is possible to carry out medical procedures without the threat of legal punishment is a topic that has been, is and will be always up to date. It is a complex set of problems, which includes aspects of moral, medical and legal. In my thesis I focused on relationship between doctor's proffession and legal aspects of his work according to criminal law. Its goal is to describe the issue of the practice of medicine and circumstances of justification in terms of legislation in the Czech Republic. The thesis consists of three chapters. The first chapter provides an introduction to the problem and the reasons that led me to choose this topic work. The second chapter is devoted to criminal liability and is divided into two parts. The first contains the general conditions that are necessary for criminal liability of doctors. The second part contains the typical and most common possible crimes that may physician in the exercise of their profession commit. The third and most extensive chapter has focused on description of the circumstances of justification. The chapter is divided into four parts. Firstly it deals with self-defense and legitimate use of weapons that are not too common in the medical environment. Then I focus on...
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Contentious issues of self-defence in Czech case law
Kabát, Robert ; Vokoun, Rudolf (advisor) ; Císařová, Dagmar (referee)
84 SUMMARY Controversial Issues of Necessary Defense in the Judicial Practice The main purpose of the thesis is to analyze necessary defense in Czech criminal law. Author's main focus is determined by the title of the thesis and he mainly concentrates on judicial practice. Nevertheless, substantial part of the thesis comprises comparison with jurisprudence. Only theory deals with some issues, these ones are included too. If it's needed, the author compares neces- sary defense with similar legal institutes in legislation of foreign countries or briefly describes historical evolution of important issues. The thesis is compound of six chapters. Chapter One includes introduction, explains starting points and approaches. First content chapter is chapter Two. It defines basic terminology used in the thesis: circumstances excluding criminal liability (i.e. defenses or excuse de- fenses), circumstances excluding lawlessness (i.e. justification defenses) and necessary defense (i.e. self-defense and defense of person, property or other legal interest protected by criminal law). Chapter Three contains the core of the thesis. It examines basic elements of necessary defenses and problems typically connected with particular elements. According to usual structure of papers on necessary defense, the chapter is...
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Relationship of doctor and patient, criminal law aspects
Procházková, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
RELATIONSHIP OF DOCTOR AND PATIENT, CRIMINAL LAW ASPECTS I have chosen this particular topic regarding the fact, that medical law is a part of law, which attracts general public attention. Relationship of doctor and patient is something that every one of us has experience with. Everyone visits doctor and builds unique relationship with him. I have chosen topic of relationship of doctor and patient, because I want to highlight that this relationship is still not relationship of equal partners in the Czech Republic, which leads to several conclusions. My aim is to analyze this situation regarding criminal law aspects. Aim of this thesis is to analyze relationship of doctor and patient as a result of process of evolution, to describe recent situation in the Czech Republic and to suggest changes for the future. I look at the relationship of doctor and patient on the basis of criminal law and demonstrate some particular aspects with case studies. Thesis is divided into thirteen chapters. First chapter introduces term of medical law and its position in law system and connection to criminal law. Basic terms and its explanation are provided in chapter two. It should not be considered as complete and finished enumeration. Third chapter enumerates important legal documents and laws which cover topic of the...
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The informed consent of a patient
Jurošková, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The informed Consent of a Patient Informed consent from the patient is one of the most interesting institutes of the medical law. Today it belongs to the basic principles of the medical law, but its development was rather complicated. Initially, this may date to the late 18th century, when the requirements governing the relationship of doctor and patient appear. Over time, the courts handle issues concerning informed consents or patients' non-acceptance. Until the middle of 20th century, almost the whole Europe discovers paternalistic understanding of the relationship doctor and patient. It is on such a concept, when a doctor determines the treatment and the patient is only a subject to the treatment. The doctor has a critical position and the patient must slave his decisions. Change in the concept came after the World War II. Doctor's and patient's relationship slowly begins to change and it becomes closer to a relationship of service providers and clients. In the Czech Republic, a mix of both can be found. Great importance to the informed consent has the adoption of Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine) concluded in Oviedo on 4.April 19971 st The institute of...
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The protection of the Human Foetus
Vlasák, Marek ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The M. A. thesis "The Protection of the Human Foetus" deals, as obvious from its title, with the issue of protection of the human foetus in the Czech legal order for one thing and in selected countries, taking their legal regulations in concern, for another. The text primarily highlights and analyzes the development of legal regulations in today's Czech Republic; special emphasis is put on the criminal law aspect of the whole matter. According to the presented interpretation and exposition of the problem, it is indeed possible to assume that the legal order of the Czech Republic offers sufficient protection to the human foetus. The germinated life and the life and health of the mother are first are foremost protected through the means of criminal law. The M. A. thesis is divided into eight chapters. The first part of the thesis is devoted to the definition of terms dealing with the issue in concern. Due to its importance, the historical development of the researched phenomenon is likewise not omitted. Furthermore, the constitutional and international dimensions of the problem are also explored. Last but not least, the M. A. thesis deals with the criminal law regulations of the Czech Republic, the regulations of intentional ending of a pregnancy and its conditions. The final chapter puts emphasis on...
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The risk of the criminal responsibility of the doctor in the providing medical care
Frömel, Jaroslav ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
THE RISK OF THE CRIMINAL RESPONSIBILITY OF THE DOCTOR IN THE PROVIDING MEDICAL CARE A closer look at this topic is an obvious link with the various areas of medical care. The most important ones of them I chose a more fully expanded upon in this work. Already within health care organization is being created that can prevent criminal responsibility. Well- established standards of quality management, implementation of internal and external audits, are just as important as clearly defined legal standards. It is my job thematised topics of informed consent and rules in connection with the occurrence of nosocomial infections. I also deal with comparing different topics with other countries mainly within €Germany and Europe. This thesis is divided into four chapters. The first chapter deals with the main basis of legislation, medical law and the laws of the Czech Republic in a hierarchical sequence. In terms of the basic source of international Convention on Human Rights and Biomedicine and other international agreements. The Convention on Biomedicine, which was incorporated into the legal order of the Czech Republic is one of the basic legislation on medical law. The Criminal Code and other regulations relating to medical low and low on health services are also included in this section. In the second...
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The informed consent of a patient
Semrád, Václav ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
58 Informed Consent of Patient 8 Summary Informed consent of patient is as a legal concept excercised in health service on daily basis. Its importance for consumers of medical services oscillates from trivial act that does not require any special attention to crucial decisions, that shall determine further period of patient's life. Significance of cosnent is given by nature of medical situation with which particular patient comes across. Current legal framework is based on both-international and national rules of law. The first are represented by International Convention218 that stipulates fundamental principles, the latter more specificaly elaborates further details of the whole concept. Consent on patient with medical intervention historicaly went through several stages. In the course of own developement was closely related to providing the patient with information. In ancient and medieval times was not usuall that physician informed his patient comprehensively. Means of treatment and their efficiency were rather limited and many diseases and injuries that recent medicine considers as curable lead often to fatal consquences. Maintenance of faith and resolution of patient to fight with adversity seemed to be crucial within such conditions. As a condition of medical intervention was consent introduced by...
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Criminal Law and Euthanasia
Dřímal, Pavel ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
Euthanasia represents one of the most controversial topics around the world. As I mentioned in the first chapter there is no worldwide consistency whether to accept the idea of legalization Active Voluntary Euthanasia ("AVE") or not. The goal of this diploma thesis is not to persuade anybody. In approximately 60 pages of the text I am providing readers with some essential information about euthanasia in the Czech Republic. I am also trying to compare the foreign legal regulation of euthanasia and assisted suicide but theoretical ideas as well. The first chapter is mainly trying to capture the reader's focus and setting the theme of my diploma thesis. The second chapter of my thesis is called ,,The Term Euthanasia". This chapter provides readers with several definitions of euthanasia and Physician Assisted Suicide ("PAS") as well as some historic data. The act of euthanasia has its origin in Greek. First word euthanasia is mentioned in old Greek literature. The term euthanasia is composed from two Greek words. Eu which means good or normal and Thanatos which means death. The word euthanasia can be literally translated as a "good death". It should be mentioned that during the centuries the meaning of euthanasia has changed. Today's understanding of euthanasia is ending ones life in order to relieve...
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Euthanasia
Mrkvová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
In this thesis, I examined the definition of euthanasia and its different forms, as well as the legal evolution of this term and its constitutional foundations in the Czech Republic. Furthermore, I focused on the legislative treatment of euthanasia in the Czech criminal law, and compared it to the legislative treatment of euthanasia in Australia, Colombia, and England. In every individual state, I tried to capture the most important moments concerning the legal regulation of euthanasia and assisted suicide. In Australia, I focused mainly on the very first legal regulation of euthanasia, in Colombia, progression of an application of the Constitutional Court judgment on active euthanasia and in England, the evolution of relevant case law, usually related to assisted suicide. The most detailed explanation, of course, focuses on the Czech Republic. In my analysis, I used a variety of Czech and foreign legal sources, including modern sources such as video conferencing. By comparing the approaches, I provided a general overview of differentiation of euthanasia and its potential criminal impact. I subsequently listed some foreign legal examples of judicial treatment and legal regulation of euthanasia and assisted suicide, currently unrecognized in the Czech legal literature. The main contribution and...
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