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Self-defense and necessity: current issues
Fridrich, Daniel ; Krupička, Jiří (referee)
1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...
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Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency.
Theodor, Pavel ; Fiala, Miloš (advisor) ; Stich, Jaroslav (referee)
Title Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency. Objectives The aim of this work is to analyze the legal issues of self-defense. Explanation of the terms necessary defense and extreme emergency. Point out problems in interpretations. Point out the issue of self-defense of IZS members. Drawing conclusions. Methods The method used in the creation of this thesis is to analyze the widest range of literature that deals with the issue and the Criminal Code. Further description of findings and conclusion. Results Explaining the terms necessary defense and extreme emergency and clarifying the issue of self-defense. Key words Law, self-defense, necessary defense, issues, extreme emergency.
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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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The Legality of the Use of Force against Islamic State
Mlčák, Jiří ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The aim of this thesis is to evaluate the lawfulness of the use of force by the United States of America against the so-called Islamic State in the territory of Syria, in terms of Ius ad bellum. For this purpose, the thesis is divided into three parts. The first part focuses on assessing the subjectivity of the Islamic State. In particular, the subjectivity is examined with regard to the criteria arising from the Montevideo Convention on the Rights and Duties of States and from professional experience. The Islamic State is assessed in terms of defined territory, permanent population, effective government, capacity to enter into relations with other states, independence and legitimacy. The second part deals with the legal regulation of the use of force in international relations. After the presentation of the historical development, the attention is paid especially to the UN Charter and the ensuing prohibition of the threat or use of force in international relations. In the context of the use of force against the Islamic State, legal exceptions to this prohibition, which could be used in the fight against the Islamic State, are presented. First, attention is paid to the exceptions resulting from the UN Charter, which are self-defense under Article 51 and actions under Chapter VII. Two types of...
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The special incidents with physical attacks and modern trends of self-defence in the case of the Police Czech Republic in the South Bohemia region
TUPÁ, Aneta
The bachelor thesis is aimed at assessing whether the members of the Police of the Czech Republic in the South Bohemian Region are prepared to effectively defend themselves during extraordinary incidents with physical attacks. The thesis highlights the need for high-quality police training. The offender's behaviour is often unexpected, violent or even lethal. Every second is critical during the attact. In the theoretical part of the bachelor thesis, I deal with the Police of the Czech Republic, concepts of extraordinary events and self-defense. At the end of the theoretical part I describe chosen chapters of the Criminal Code, psychology, an attack and highlight some achievements of the police officers. The qualitative research makes a practical part of the thesis. Its main objective is to assess whether the police members of the Czech Republic in the South Bohemian Region are prepared to effectively defend themselves during extraordinary incidents with physical assault. As the main research method, I chose structured interviews that I conducted with members of the Police of the Czech Republic from the South Bohemian Region and instructors of the service of the Police of the Czech Republic. Based on a research survey, I found that the police are not sufficiently prepared for self-defense, and the knowledge of modern elements of self-defense is minimal. Finally, I summarize my entire thesis, evaluate the acquired knowledge and recommend some solutions and ways of preparation. I also explain why it is important to solve this issue and to prepare police officers to deal with emergencies concerning physical attacks. Good preparedness can help reduce the number of injuries or deaths of police officers in the service. Prevention and readiness are the basis for successful coping with the attack.
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Analysis of factors affecting the physical attacks on crews of emergency medical services
KLEINOVÁ, Natálie
This bachelor thesis deals with the analysis of the circumstances affecting physical assaults of medical emergency service (EMS) crews. Three objectives have been established. The first objective was to compare the frequency of physical and verbal assaults among the respondents. The second objective was to map out the most common causes of physical assaults of the EMS crews and the third objective was to map out the respondents' knowledge of self-defence. Three research questions were established along with these three objectives. The entire work is divided into a theoretical part and a practical part. In the theoretical part, I focused on the explanation of basic concepts relating to aggression, aggressive individuals and known forms of aggressive behavior. Furthermore, I addressed chapters such as the causes of aggressive behavior, which I split into several groups. Then I also tried to describe the principle of an assault. An important chapter is the rules of communication and negotiation with an aggressive person, what should crew members pay attention to, and also what to avoid. In this chapter, I describe the differences of communication with selected types of aggressive individuals. The conclusion describes the options of pacifying aggressive persons and legal self-defence. The research part consists of the processed results of the questionnaires filled out by EMS crew members of South Bohemian and Moravian-Silesian region, 52 of them in total. The other part consists of the results of the semi-structured interviews provided to me by 4 paramedics working in Moravian-Silesian region. The aim was to choose such respondents who came across assaults, whether verbal or physical. In the case of the interviews, the only respondents were those who had experienced physical assault. The extent of practice the respondents have is ranging from a few years to tens of years. The questionnaires were filled out by drivers, paramedics and doctors, working at the EMS. The results of the questionnaires were recorded in graphs and the results of the interviews were summarized.
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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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Teaching shooting and taking into account of personal defence
Hlavička, Petr ; Fiala, Miloš (advisor) ; Opelka, Luboš (referee)
Title: Teaching shooting and taking into account of personal defence. Objectives:. The main goal of this thesis is to describe a problem of using a firearm for self- defence. Methods: The used method is descriptive analysis Results: The result of this thesis is that training of defensive shooting is conditional on basic shooting skills and that it improves chance of success in case of defending your life with firearm. Keywords: Firearms, defensive, shooting, gun, law, pistol, target, aiming
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Baran, Zbyněk ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...
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