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Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent
Makkiehová, Sandra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent Abstract The Thesis adresses Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent. The aim of the Thesis was to evaluate current Legislation and to define the limits of Circumstances excluding Criminal Liability Excesses. The next objective was to determine the appropriateness of the Impunity of the Agent and its legislation. The Thesis firstly analyzed the historical legal developments of Circumstances excluding Criminal Liability in Czech countries in order to attain the above mentioned objectives. The historical development is followed by the discussion of the Circumstances excluding Criminal Liability, their general legislation and theoretical foundations, the reasons for adopting their legislation, also the errors of law and of fact. Next chapters are devoted to specific Cirmustances of excluding Criminal Liability, starting from the Necessity, Self - Defence, Consent, Permissible Risk and Lawful use of Firearms. The Circumstances excluding Criminal Liability were analyzed in their statutory legislation by using Academic Literature and mainly the case - law, which clarified some vague rules and limits of the Circumstances excluding Criminal Liability. The third part of the Thesis...
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Tolerable risk in Criminal Law
Hendrych, Lukáš ; Šámal, Pavel (advisor) ; Pelc, Vladimír (referee)
Tolerable risk in criminal law Abstract This rigorous thesis focuses on an issue of tolerable risk in criminal law. The institute of tolerable risk in criminal is one of the most recent circumstances excluding illegality, which are defined in the Czech Criminal Code. Until its legal definition in the Criminal Code, the tolerable risk was inferred only by legal theory and practice. The tolerable risk is now ambedded in the provisions of Section 31 of the Criminal Code. Tolerable risk is an effective tool for conducting research, for experimenting in science and it can be also applied in medicine, business and sport. It is crucial for the institute of tolerable risk to set boundaries, because an overly liberal approach to defining limits of tolerable risk can lead to a gambling and reckless conduct of individuals. On the other hand, too restrictive definition of tolerable risk limits can restrain the scientific and technological progress and individual creativity in general. This thesis performs an analysis of the institute of tolerable risk in criminal law. Primarily, it deals with the system of circumstances precluding illegality and provides a brief list and description of other circumstances precluding illegality. In the following chapters, it discusses the historical development of acceptable risk in the...
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Contentious issues of necessary defence in judicial practise
Králová, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practice Abstract This thesis discusses necessary defence and its contentious issues which appear in judicial practice of Czech courts. It is one of the conditions precluding illegality stated in the section 29 of the Penal Code. Which means that a criminal offence is not committed if legal requirements for conduct in necessary defence are fulfilled. These requirements are that the defence should avert an impending or progressing attack to an interest protected by the Penal Code as well as not to be obviously grossly disproportionate to a manner of an attack. Necessary defence is an important institute of criminal law because it may affect everyone, and for this reason it has often appeared in the media and some cases even provokes social discussion on its legal regulation. The goal of this thesis is to analyse contentious issues appearing in court decisions such as possibility and manner of usage of a weapon or automatic defensive device, evaluation of motive to an act in necessary defence, comparison of protected interests, for example protection of life and health against protection of property or domestic freedom, consideration of an existence and a term of attack and related apparent necessary defence, the difference between mutual assault and...
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Končický, Ivan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self- defense and necessity The subject of this thesis is the concept and legal consequences of the transgression of the limits of self-defense and necessity. The aim of the thesis is to analyze legal regulation of necessity, self-defense and legal consequences of the transgression of their limits by the academic literature and case-law and on that basis answer the questions outlined in the introduction of this thesis. During that the thesis pays most attention to questionable or interesting issues of this topic. The previous conclusions in connection with knowledge from foreign legislation are the basis for de lege ferenda considerations. In addition to the traditional de lege ferenda considerations the thesis also attempts to address new topics that may affect these institutes in the future. The topic of the thesis is described in four chapters. Necessity and self-defense belong to the circumstances excluding unlawfulness therefore the first chapter of this thesis which is an introduction to the whole issue deals generally with circumstances excluding unlawfulness and their position in our legal environment. The second and third chapter deal with the institutes of necessity, self-defense. Transgression of the limits of...
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Tolerable risk
Nováková, Denisa ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Tolerable risk Abstract The thesis deals with the topic of tolerable risk. Tolerable risk is a type of criminal defense that has first appeared in the Penal Code, Act No. 40/2009 Coll. Today, after almost ten years since the it came into effect, is the time to summarize the practical use of this institute. Chapter One outlines the types of criminal defenses and looks at the position that tolerable risk takes among them. Chapter Two offers a historical viewon the development of tolerable risk as an institute; first showing how it had been inferred from doctrine and then how the final version of tolerable risk, implemented in the Penal Code, was found. Chapter Three analyses the constructional features of tolerable risk; that means the conditions to be met in order to apply this criminal defense. Chapter Four compares tolerable risk with other criminal defenses, both legally defined (self-defense, necessity, consent, legitimate use of the weapon) and also not legally defined (fulfillment of obligation, exercise of entitlement, performance of a profession). Chapters five, six and sevendeal with the most common areas in which tolerable risk is employed. These areas are healthcare (Chapter Five), economy (Chapter Six) and sport (Chapter Seven).These three chapters focus on those components of tolerable risk that...
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Necessary Defence as a Circumstance Eliminating Criminal Responsibility
NĚMCOVÁ, Petra
The thesis deals with the necessary defence from the viewpoint of the criminal law and it clarifies and explains this topic to the lay public. The main target is the creation of the complete, objective view of the issue of the necessary defence in the Czech Republic and explaining the basic aspects, concerning this issue. The contents of the thesis is the historic excursus, the individual pre-conditions of the necessary defence, excesses from its limits, and also the chapter devoted to the self-defence and prevention. Also the view of the use of the automatic defence systems in the necessary protection and the comparison with the necessary defence in the neighbouring countries is described here.
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Contentious issues of necessary defence in judicial practise
Zoubková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practise The subject of this thesis is necessary defence in Czech criminal law. Necessary defence is defined as an action which is usually considered illegal but because it is made in defence against an imminent or persistent attack on values protected by criminal law, it is not considered a crime. The law also states that the intensity of this defence cannot be clearly and obviously disproportionate to the form of the attack. This thesis focuses primarily on contentious issues that courts often deal with when they interpret and apply necessary defence in real cases. Before focusing on contentious issues this thesis first describes the basics of necessary defence. Since necessary defence is one of the circumstances excluding liability in Czech criminal law, this thesis first briefly describes these circumstances. In the next section the thesis focuses on the conditions and limits of necessary defence as they are defined in criminal law. Necessary defence is comprised of an attack and a corresponding defensive action. This section first focuses on the obligatory attributes of the attack and then on the conditions of the defence. Next this section describes the consequences of violating the limits of necessary defence and then it focuses on putative...
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Self-defense - Comparison of Czech Law with the Model Penal Code of the United States and Common Law
Hofmanová, Štěpánka ; Bohuslav, Lukáš (referee)
This thesis aims to define the differences between the concept of self-defense under the criminal law of the Czech Republic and the United States of America, to assess their practical implications and propose possible recommendations de lege ferenda for the Czech legislation. Within the United States, the thesis further distinguishes between the concept of self-defense under the common law and the so-called Model Criminal Code, which together with the common law represents one of the most important sources of US criminal law. The thesis first compares the differences between the Continental and Anglo-American legal system, from which the respective national legal systems derive. Next part of the thesis further characterizes the Czech and American legal system, especially with regard to the status of criminal law and the role of jurisprudence within it. Particular attention is paid to the division of US legal system into federal and state, and the related issues of the organization of the judiciary and the system of precedents between various judicial bodies. This part then further introduces the aforementioned Model Criminal Code, which presents a compilation of the views of high-profile experts in the field of criminal law regarding the ideal form of criminal substantive law in the United States....
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Self-defense - comparison of czech law with the Model Penal Code of the US and common law
Hofmanová, Štěpánka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis aims to define the differences between the concept of self-defense under the criminal law of the Czech Republic and the United States of America, to assess their practical implications and propose possible recommendations de lege ferenda for the Czech legislation. Within the United States, the thesis further distinguishes between the concept of self-defense under the common law and the so-called Model Criminal Code, which together with the common law represents one of the most important sources of US criminal law. The thesis first compares the differences between the Continental and Anglo-American legal system, from which the respective national legal systems derive. Next part of the thesis further characterizes the Czech and American legal system, especially with regard to the status of criminal law and the role of jurisprudence within it. Particular attention is paid to the division of US legal system into federal and state, and the related issues of the organization of the judiciary and the system of precedents between various judicial bodies. This part then further introduces the aforementioned Model Criminal Code, which presents a compilation of the views of high-profile experts in the field of criminal law regarding the ideal form of criminal substantive law in the United States....
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Issues of necessary defense in jurisprudence
Smetana, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract This diploma thesis deals mainly with the issue of necessary defense in Czech law focusing on some of the disputable queries brought by its application and interpretation. The primary fixation of this thesis is on the judiciary decisions, however, the work deals with the theoretical foundations and resources of the necessary defense. The aim of this work is to introduce the matter of necessary defense, to highlight the disputable queries appearing when applied and analyze their solution. This work is divided into six chapters. First chapter names and explains particular excuse defenses. Second chapter deals with the term of necessary defense, its development and valid legislation regarding it. Third chapter brings the analysis of the self-defense itself in consideration of judiciary decisions and expert literature and examines legal conditions of its application. The chapter is furtherly divided into 3 subheads. Subhead 3.1 explains the attack, subhead 3.2 approaches the interests protected by the Penal Code and subhead 3.3 deals with the apparently unreasonable defense. Excesses from the necessary defense are described in fourth chapter. Fifth chapter deals with so called putative defense in the judiciary decisions. The last, sixth chapter focuses on the automatic defense mechanisms and defense...
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