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Criminal liability in sports area
Šír, Roman ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is dealing with the issue of a sportsman criminal liability in situations where he causes or attempts to cause injury and commits the offence against the health and life of a person. The thesis aims to describe and explain fundamental terms of the issue together with its the historical review, with regards to the autonomy of sport, the relationship of the sport rules with the legal rules of criminal law. The core part of the thesis devoted to the research of the issue with respect to relevant statutes, sport self governing rules, legal literature and judicial decisions. First part of the thesis is consisted of legal analysis on whether injury caused during sport can amount to criminal offence. Such legal analysis is conducted in a manner whereby the the individual ingredients of an offence are confronted with conduct of sportsmen. The author does not forget to apply circumstances excluding criminal liability in the field of sport injuries. The applicable circumstances are the consent of the injured, excusable risk, exercise of rights and permitted activity. The conditions for individial circumstances to apply are thoroughly analysed. These condition are confronted with the circumstances in sport`s field in light of sport injury. The thesis also deals with the theories of the criminal...
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Excessive self-defense and necessity
Šír, Roman ; Vokoun, Rudolf (advisor) ; Hořák, Jaromír (referee)
Excessive self-defense and necessity Abstract In this rigorous thesis are described the institutes of necessity and self-defense focusing on the establishment of their rules and contravention of these rules. This rigorous thesis consists of eight main chapters and final chapter including de lege ferenda consideration. The introduction of the thesis is dedicated to the history of both institutes on the territory of Czech Republic. It is then followed by a comparison of these institutes with similar ones in other areas of law, namely the civil and the administrative law. In the rigorous thesis, I also briefly described the legal defenses. The body of the thesis is then the description of necessity and self-defense, their main attributes and rules for their legal usage. The contravention of these rules may lead to a case of usage of the excessive self-defense and necessity. That is why I am devoting the major part of this work to their breach and its consequences. Legal usage of necessity needs to follow specific rules. A breach of these rules may cause an act of excessive necessity. Each of this criteria, with focus on its observance and breach is described in an individual subchapter. The condition of "the absence of the burden of tolerance" is elaborated thoroughly as I believe I might have found a possible...
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Criminal liability in sports area
Šír, Roman ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is dealing with the issue of a sportsman criminal liability in situations where he causes or attempts to cause injury and commits the offence against the health and life of a person. The thesis aims to describe and explain fundamental terms of the issue together with its the historical review, with regards to the autonomy of sport, the relationship of the sport rules with the legal rules of criminal law. The core part of the thesis devoted to the research of the issue with respect to relevant statutes, sport self governing rules, legal literature and judicial decisions. First part of the thesis is consisted of legal analysis on whether injury caused during sport can amount to criminal offence. Such legal analysis is conducted in a manner whereby the the individual ingredients of an offence are confronted with conduct of sportsmen. The author does not forget to apply circumstances excluding criminal liability in the field of sport injuries. The applicable circumstances are the consent of the injured, excusable risk, exercise of rights and permitted activity. The conditions for individial circumstances to apply are thoroughly analysed. These condition are confronted with the circumstances in sport`s field in light of sport injury. The thesis also deals with the theories of the criminal...
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