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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Peláková, Lenka ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
The first segment of this master thesis offers a theoretical, as well as historical, overview of the sources of law, which provided the essential bases for the resolutions of the individual cases the thesis stands on. Chapter Two centers around the definition of necessary aid; how it is interpreted in the context of each case, as well as the factors affecting the interpretation. Among those are the circumstances of each individual case; conditions both external, as well as those of the culprit, along with his options and abilities. The last part of the chapter is dedicated to the definition of the term, as established by the decisions reached in cases wherein the culprit was a doctor, along with the alterations to the interpretation resulting from such quality of the subject. Chapter Three attempts to deal with the intricacies of criminal concourse when one of the crimes committed was that of criminal inaction. It states just what constitutes a concourse and what does not. In its second part, the chapter strives to deal with the issue of circumstances in which concourse is forbidden. The fourth chapter talks about the obligation to act; it delineates the differences between a general obligation and a specific one, which are demonstrated by comparing and contrasting topical court rulings. It also...
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