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The concept and legal consequences of exceeding the scope of self-defence and necessity
Žůrek, Jiří ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
Concept and the legal consequences of breaching the limits of necessary defense and extreme emergency The necessary defense and extreme emergency are institutes, which quarantee indemnity to acting person in the situation of necessary defense and extreme emergency. Both insitutes have long tradition in law orders all over the world. The limits of acting in necessary defense and extreme emergency are set up little differenlty in each country. Breaching of the limits necessary defense or extreme emergency occurs, if the offender commits the offense diverting attack or other danger without being fully met the conditions necessary defense or extreme emergency. The person is entitled to act in the necessary defense or extreme emergency, if complied with statutory requirements (conditions) which are defined in penal code and can not breakes the limits of necessary defense or extreme emergency. A crucial condition for the situation of necessary defense is directly threatening or continuing attack on the interests protected by penal code, in case of extreme emergency is a danger directly threatening to the interests protected by penal code. If a person is in such situation, can act within the limits of necessary defense, that means that necessary defence must be not fully evidently unreasonable, or in case of...
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