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Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency.
Theodor, Pavel ; Fiala, Miloš (advisor) ; Stich, Jaroslav (referee)
Title Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency. Objectives The aim of this work is to analyze the legal issues of self-defense. Explanation of the terms necessary defense and extreme emergency. Point out problems in interpretations. Point out the issue of self-defense of IZS members. Drawing conclusions. Methods The method used in the creation of this thesis is to analyze the widest range of literature that deals with the issue and the Criminal Code. Further description of findings and conclusion. Results Explaining the terms necessary defense and extreme emergency and clarifying the issue of self-defense. Key words Law, self-defense, necessary defense, issues, extreme emergency.
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Criminal defences in Czech and Irish criminal law
Kubíčková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal defences in Czech and Irish criminal law This thesis deals with the analysis of individual elements of criminal defences under the Czech and Irish criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of this thesis is to render an overview concerning the distinctions and similarities in understanding, importance and operating of the defences in different law systems, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. Regarding the fact that Czech and Irish systems of law are subsumed under different legal systems, particular institutes of criminal defences cannot be based on the same rules, principles and theoretical grounds. It shall be noted, that while Czech criminal law is mainly to be found in a single piece of legislation known as the Criminal Law Act, Irish criminal law on the other hand not only has a separate statutory legislation, but also mainly depends on common law. The subject has been processed under consideration of the present-day legal regulation, whereas particular legal institutes are structured in compliance with the structure of the Czech Criminal Law Act. The topics of origin and development of defences has intentionally not been...
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Self-defense and Necessity: Current Issues
Fridrich, Daniel ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...
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Self-defense and necessity: current issues
Fridrich, Daniel ; Krupička, Jiří (referee)
1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...
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The concept and legal consequences of exceeding the limits of self-defence and necessity
Židová, Markéta ; Mulák, Jiří (referee)
This thesis concerns the topic of exceeding the limits of self-defence and necessity and related legal consequences. Although the concepts of self-defence and necessity exist also in other legal branches, this thesis is focused primarily on criminal law. The aim is to define the concept of excess of the limits of self-defence and necessity, including the individual types of excess, and to provide a comprehensive overview of both general and special legal consequences that can arise in case of an excess. Furthermore, this thesis strives to answer the question whether the current Criminal Code allows for all the specific circumstances of cases in which the defendant fulfils an offence definition while exceeding the limits of self-defence or necessity to be duly taken into account. First, this thesis deals generally with the topic of defences and the concept of self-defence and necessity and then analyses in detail the limits and conditions of these concepts as this matter is closely connected with the topic of excess. The crucial parts of the thesis are part three and four. The third part focuses on defining the concept of excess and its characteristics, analysing the fault element of an excess and describing the individual types of excess of self- defence and necessity limits. The fourth part deals...
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Necessity vs Needlessness
Pélyová, Paulína ; Sedlák, Michal (advisor) ; Kafková, Helena (referee)
The aim of the diploma thesis is to define a specific phenomenon bound to the current consumer society, which by its expression considers certain values and relations to the material world as necessary or, on the contrary, unnecessary. At the same time, it examines the boundary between consumer goods that we use on a daily basis and the subjects that have become part of our personality. These findings are demonstrated on specific examples. Telecommunication progress and its impact on today's consumer society in all aspects of nowadays lifestyle has become the starting point for the diploma work. Phone as an artifact has become part of our life with an ever more personal approach. This phenomenon is grasped theoretically, creatively and as an opportunity for pedagogical activity and research. The pedagogical intention is not only suggested but also verified and reflected in praxis.
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The concept and legal consequences of exceeding the limits of self-defence and necessity
Židová, Markéta ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis concerns the topic of exceeding the limits of self-defence and necessity and related legal consequences. Although the concepts of self-defence and necessity exist also in other legal branches, this thesis is focused primarily on criminal law. The aim is to define the concept of excess of the limits of self-defence and necessity, including the individual types of excess, and to provide a comprehensive overview of both general and special legal consequences that can arise in case of an excess. Furthermore, this thesis strives to answer the question whether the current Criminal Code allows for all the specific circumstances of cases in which the defendant fulfils an offence definition while exceeding the limits of self-defence or necessity to be duly taken into account. First, this thesis deals generally with the topic of defences and the concept of self-defence and necessity and then analyses in detail the limits and conditions of these concepts as this matter is closely connected with the topic of excess. The crucial parts of the thesis are part three and four. The third part focuses on defining the concept of excess and its characteristics, analysing the fault element of an excess and describing the individual types of excess of self- defence and necessity limits. The fourth part deals...
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Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency.
Theodor, Pavel ; Fiala, Miloš (advisor) ; Stich, Jaroslav (referee)
Title Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency. Objectives The aim of this work is to analyze the legal issues of self-defense. Explanation of the terms necessary defense and extreme emergency. Point out problems in interpretations. Point out the issue of self-defense of IZS members. Drawing conclusions. Methods The method used in the creation of this thesis is to analyze the widest range of literature that deals with the issue and the Criminal Code. Further description of findings and conclusion. Results Explaining the terms necessary defense and extreme emergency and clarifying the issue of self-defense. Key words Law, self-defense, necessary defense, issues, extreme emergency.
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Končický, Ivan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self- defense and necessity The subject of this thesis is the concept and legal consequences of the transgression of the limits of self-defense and necessity. The aim of the thesis is to analyze legal regulation of necessity, self-defense and legal consequences of the transgression of their limits by the academic literature and case-law and on that basis answer the questions outlined in the introduction of this thesis. During that the thesis pays most attention to questionable or interesting issues of this topic. The previous conclusions in connection with knowledge from foreign legislation are the basis for de lege ferenda considerations. In addition to the traditional de lege ferenda considerations the thesis also attempts to address new topics that may affect these institutes in the future. The topic of the thesis is described in four chapters. Necessity and self-defense belong to the circumstances excluding unlawfulness therefore the first chapter of this thesis which is an introduction to the whole issue deals generally with circumstances excluding unlawfulness and their position in our legal environment. The second and third chapter deal with the institutes of necessity, self-defense. Transgression of the limits of...
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