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The concept and legal consequence of the excessive use of self-defence and necessity
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Císařová, Dagmar (referee)
The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress Diploma thesis called "The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress" is based on Criminal Code, Act N. 40/2009 Coll., as applicable to 1 December, 2011. The thesis deals with legitimate self-defense and distress, as two circumstances excluding illegality, which belong to basic human rights, that everyone can by himself avert attack or danger threatening his interest protected by the Criminal Code. Thesis's insight of legitimate self-defense and distress is based on situations when person exceeds allowable bounds of legitimate self-defense and distress, and it's behavior becomes lawless and punishable. First part deals with circumstances excluding illegality as a term including legitimate self-defense and distress. Second part is based on actual characteristic and conditions of legitimate self-defense, together with specification of statutory legal limits of behavior in legitimate self-defense and distress. In following third part concepts of exceeding limits of legitimate self-defense and distress are analyzed in detail. There is a description how acting person can extravagate these limits. Nonobservance of time limits,...
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Actual questions of necessary defence
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Actual questions of necessary defence Rigorous thesis called "Actual questions of necessary defence" is based on Criminal Code, Act No. 40/2009 Coll., as applicable to 1 May, 2014. The thesis deals with the necessary defence which belongs to the basic human rights that give everyone the right to avert by himself the attack on interest protected by the Criminal Code. The focus of this thesis is not primarily on the basic legal issues of the necessary defence, but on questions which have not so far been given much attention to and which are at the same time, with regard to the status and the development of the society as well as its legal environment, very current. First part of the thesis is devoted to the necessary defence as the circumstance excluding illegality, its insertion among these circumstances and in particular to the mutual relationship of individual circumstances to the necessary defence. A particular attention is paid to the relationship of necessary defence to the legitimate use of weapon and to the issue of competition of these two circumstances excluding illegality. The following part of the thesis discusses in detail the topic of automatic defence systems, which use can be categorized in terms of criminal law as the necessary defence. The problems with these devices necessarily...
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The concept and legal consequence of the excessive use of self-defence and necessity
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Císařová, Dagmar (referee)
The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress Diploma thesis called "The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress" is based on Criminal Code, Act N. 40/2009 Coll., as applicable to 1 December, 2011. The thesis deals with legitimate self-defense and distress, as two circumstances excluding illegality, which belong to basic human rights, that everyone can by himself avert attack or danger threatening his interest protected by the Criminal Code. Thesis's insight of legitimate self-defense and distress is based on situations when person exceeds allowable bounds of legitimate self-defense and distress, and it's behavior becomes lawless and punishable. First part deals with circumstances excluding illegality as a term including legitimate self-defense and distress. Second part is based on actual characteristic and conditions of legitimate self-defense, together with specification of statutory legal limits of behavior in legitimate self-defense and distress. In following third part concepts of exceeding limits of legitimate self-defense and distress are analyzed in detail. There is a description how acting person can extravagate these limits. Nonobservance of time limits,...
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