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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Baran, Zbyněk ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...
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Circumstances excluding illegality
Bláha, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Rigorous thesis mainly proposes a legal analysis of the circumstances excluding illegality contained in the penal code and other related issues. Thesis is especially about private defence, exigency, compliance, tolerable risk and lawful use of a weapon. The first part deals with the historical development of the circumstances excluding illegality, followed by a comprehensive analysis of current legislation and the work concludes fundamental analysis of German law. In the crucial part of the thesis, which deals with applicable law, is noticeable emphasis on the fact that the interpretation links to relevant case law. This is especially true in the case of exigency and private defense as the two most frequently occurring circumstances excluding illegality. Rigorous thesis also includes an excursus into the realm of sports, because one of the chapters focuses more on application of individual facts in issue of the circumstances excluding illegality in sports law.
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The meaning of the case law for the application of necessity and necessary defence
Drnková, Lucie ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
The meaning of the case law for the application of necessity and necessary defence The thesis itself is focused on the points at issue of the meaning of the case law for the application of necessity and necessary defence mainly in the field of Czech criminal law, although some partial issues are also compared to the foreign legislation. In compliance with the title of the work author's attention is dedicated in the first place to the conditions and limits of both those institutes and their reflection in the judicature (considering the development of those tasks, that are currently believed to be disputable), futhther, the law theory is described. The thesis is composed of eight chapters, from which the first forms as an introduction, where the goals and approaches are indicated. The last, eight section summarizes the outcomes and conclusions of the thesis and also serves as a recommendation of some useful legislative changes that can be done in the future. The Second Chapter talks about the role of the case law and its meaning in the field of criminal law, characterizing the impact of judicature for the legal practice in the first place. Also the terminology used throughout the whole work is laid down, while claryfiing the basic terms applied lately. The following Chapter Three serves as an...
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The concept and legal consequence of the excessive use of self-defence and necessity
Šimeček, Lukáš ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
THE NOTION AND LEGAL CONSEQUENCES OF EXCEEDING THE NEED FOR SELF-DEFENSE AND DESTITUTION The subject of this thesis are the notion and the legal consequences of exceeding the need for self-defense and destitution (excess). Both of those situations exclude illegality in the case of fulfillment of certain conditions assuring the right of an individual defend him-self in case of an attack, in other words in situations where there is a threat to interests protected by the criminal statute. The consequence of the fulfillment of the conditions of destitution and self- defense is the exclusion not only of criminal liability of the defendant but equally the illegality of his act. In these situations, we therefore are not dealing with a criminal act. This characteristic therefore in consequence makes destitute and self-defense into notions of great importance in the area of criminal liability. The aim of this thesis is to focus on both of the notions mentioned above, mainly in regard of situations where we are faced with the exceeding of the allowed limits and therefore to fully elaborate on and detail the parameters of the notion of excess and the legal consequences linked to it. The term excess will be regarded from the point of view of theories, legal treatment and jurisprudence, as their approach and...
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Strakošová, Kristýna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The object of this diploma thesis is criminal institute of self-defense and necessity and legal consequences of their transgression. These circumstances excluding the illegality release an act of person, who prevents a directly imminent danger or attack, from illegality as an element of the crime. We find the importance and indispensability of these institutes in possibility of use of self-help in favor of the protected interests, without a threat of penal sanction. This work is mainly focused on situations where legal conditions and limits of self- defense and necessity were transgressed, which caused their criminal liability. Even here it is desirable to apply more benevolent approach towards the offender than to other perpetrators of common crimes, because otherwise self-defense and necessity is considered a positive phenomenon. After a brief introduction, in the first part of this diploma thesis, the author deals with circumstances excluding the illegality in general and with the concept of illegality itself. In the second part, the author deals with the definition of the term and conditions of necessity and mainly focuses on explanation of the unclear and questionable elements of necessity. In...
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Necessity and self-defence comparison of Czech Law with Common Law
Krejčíková, Radka ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis deals with the necessity and self-defense under the laws of the Czech Republic and their equivalents in the common law. The aim of the thesis is to introduce and describe each institute - necessity, self-defence, duress by threats, duress of circumstance and lawful use of force and their conditions for application. This paper also focuses to decisions of Czech, Irish, English and another courts which modified interpretation of mentioned institutes. The thesis analyses and compares conditions of Czech law and common law, which is represented mainly by Irish law. Introduction of thesis forms first chapter, it sets out aims and the methods used for achieving them. Second chapter presents general introduction where it is described differences of civil law and common law. Third chapter is divided into three subchapters and focuses on the position of necessity and self-defence in national law. This chapter theoretically analyses the position of institutes in justification in the context of national adaptation and describes their basic features. The fourth chapter deals with legal regulation of the necessity and its equivalents in the common law. Individual conditions are explained and presented on individual judicial decisions. Part of this chapter is even an analysis of possible excess from...
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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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The concept and legal consequence of the excessive use of self-defence and necessity
Krejčíková, Radka ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The topic of this diploma thesis is the concept and legal consequences of excessive self-defence and necessity. The aim of the thesis is to introduce and describe the conditions of using these defences and to focus on issues of case law in connection with them. Criminal law is an essential part of everyday life. This diploma thesis focuses on analysis of all conditions imposed by Czech legislation as well as Irish legislation. It is composed of seven chapters and each chapter deals with different issues. The first chapter is an introduction to the whole thesis: it sets out aims and the methods used for achieving them. The second chapter deals with the definition of the concept of justification with the basic features of these circumstances and highlights the basic foundations for behaviour under self-defence or necessity. The third chapter is fully devoted to regulation of necessity, focusing on its basic conditions. Each condition is explained and described separately with references to the case law. One part of this chapter deals with the excess in behaviour under necessity and the following solutions in criminal trial. The fourth chapter deals with the concept of self-defence in the Czech Republic, defining it and analysing its basic conditions. Examples from the case are discussed and analysed...
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Legal consequences of exceeding the private defense and exigency limits (excess)
Malachová, Alena ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
THE THESIS IN ENGLISH The aim of the Thesis is to take a close look at the exigency and private defence issues, especially their conditions as well as limits of their exceeding and draw as complex conclusion as possible. The main aim of the thesis is to prove an amendment within the frame of exceeding the private defence and exigency limits should be passed. The thesis is composed of eleven (11) chapters, each of them dealing with different aspects of exceeding the private defence and exigency limits. Chapter One is consists of a general introduction and basic general characteristics of both institutes, both exigency and private defence and their position within circumstances excluding illegality. Chapter Two deals with a brief historic survey of development of exigency and private defence institutes. Attention is especially paid to the time from the validity of the Austrian Criminal Code from 1852 and regulations in individual criminal codices valid in our territory. Chapter Tree looks at the position of these institutes in Czech set of rules. Chapter Four deals with the specification of the exigency and private defence term, their substance and function within the society and it contains definition of differences and identical features of both institutes. Chapter Five and Six concern the...
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The concept and legal consequence of the excessive use of self-defence and necessity
Kapras, Jiří ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
This diploma thesis deals with the concept and legal implications of excessive self-defense (also private defense) and necessity (also distress). The two terms designate two circumstances precluding wrongfulness that the Czech Criminal Code recognizes. They have been intended to allow every person to defend himself and thus protect his rights against an attack or other forms of danger in case the state authority cannot provide for such protection. If the self-protection is executed within some acceptable boundaries that are provided by the Criminal Code, such behavior can be considered beneficial for the society and therefore nobody should be in any way punished for it. Criminal liability is only established when the given boundaries are crossed and even then there is a certain favored approach towards the perpetrator required. The intention of this diploma thesis is to address the connotations and importance of the given juridical institutes and to evaluate whether they function effectively or not, with eventual suggestions as to how to improve the result. After a short introduction the first part of the thesis deals with the concept of wrongfulness as one of the elements of a crime, and circumstances precluding the wrongfulness in general. In the end of the chapter there is a brief reflection on...
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