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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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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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The term and legal consequences of exceeding the limits of extreme necessity and necessary defence
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The term and legal consequences of exceeding the limits of extreme necessity and necessary defence Abstract This thesis deals with the concept and legal consequences of exceeding the limits of extreme necessity and necessary defence, i.e. two conditions precluding the illegality of an act, which can be found in Chapter III of the current Criminal Code. Those conditions preclude the illegality of an act that would normally be illegal, because an act under those conditions is generally desirable in order to defend the interests protected by the Criminal Code. With the absence of illegality, acts under one of the conditions precluding illegality do not at all result in the commission of a criminal offence, which in case of extreme necessity and necessary defence, allow people to defend themselves at times when the state does not provide them protection against a certain danger or attack. However, if the statutory limits of these conditions precluding illegality are exceeded, the illegality will not be eliminated and a criminal offence will be committed. The main purpose of this thesis is to analyse the Czech legislation related to extreme necessity and necessary defence in terms of its limits. In particular, it aims to reveal the shortcomings of the legislation and offer solutions. The goals and structure of...
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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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The concept and legal consequences of excessive self-defense and necessity
Kursa, Jakub ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of excessive self-defense and necessity The topic of presented diploma thesis deals with criminal law institutes of self-defense and necessity and the consequences of exceeding their limits provided by the Criminal Code. Both of the above-mentioned institutes belong to the conditions precluding illegality of an act, i.e. specific circumstances in presence which of and subject to conditions any sanction is excluded under effective law. The purpose of these institutions is to make it possible for people to act with impunity in cases they protect the interests of their own or interests of the whole society when these interests are violated or endangered. In principle, these institutes replace the absence of a public authorities at the moment, whose task is to protect these interests. However, on the other side the legislation does have certain limits to prevent from any misuse of these institutes. The key passages of this thesis are therefore focused on situations where the conditions of necessity or self-defense are not fully met and examines the legal consequences of such actions. The presented thesis is divided into six parts. A brief introduction is followed by the first chapter, which deals with the general view of the conditions precluding illegality of an act,...
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Circumstances excluding punishability
Kabát, Robert ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee) ; Stibořík, Vladimír (referee)
214 SUMMARY Circumstances excluding punishability 1. The main purpose of this thesis is to analyze the nature of the circumstances, which are standardized in Czech criminal law, as circumstances excluding unlawfulness. Main focus is on two of them that, in both historical and international comparison, are not in all circumstances conceived as so-called justification (circumstance excluding unlawful- ness), but also as a reason for excluding subjective criminal liability (excuse). 2. The concepts of criminality, criminal liability and anti-legality in their various con- cepts, which can be found in the theory of criminal law, are first analyzed. Thus, in par- ticular, the concepts of formal and material criminality, formal and material unlawfulness, so-called criminal unlawfulness and special unlawfulness are clarified consecutively. The result of this investigation is the conclusion that unlawfulness is only one and expresses a contradiction with the whole legal order. This concept should be distinguished from the concepts of criminality (as attribute) and criminal liability. Unlawfulness is their condi- tion. In this general part, the place of unlawfulness in the system of elements of crime, and its functions in that system are analyzed. 3. In the second part, the thesis focuses generally on the...
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Necessity and self-defence in civil law
Raffajová, Zuzana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with necessity and self-defence in the light of the large recodification of private law in the Czech Republic. Together with other legal concepts they are referred to as the circumstances excluding unlawfulness. Their specificity lies in their exclusion of the obligation to compensate suffered damage provided that the conditions laid down by the law are met. This issue has always been a matter of interest to both laical and professional public as these important legal concepts form one of the most fundamental pillars of the liability system. The aim of the thesis is to point out their importance for the present codification by a comprehensive analysis of relevant legislation, conclusions of theory and case law. They have been subjected to extensive analysis as well as their Roman law roots. The key part is the comparison between Czech and German law that exceed the terms of private law. Due to their apparent connection the issue of criminal law was also included. In addition, this thesis deals with the institute of self-help in terms of its relationship with necessity and self-defence. Self-help was a typical means of protection in archaic societies but today's advanced society delegated the function of legal protection to the state by establishing independent and...
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