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Necessity and self-defence comparison of Czech Law with Common Law
Krejčíková, Radka ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis deals with the necessity and self-defense under the laws of the Czech Republic and their equivalents in the common law. The aim of the thesis is to introduce and describe each institute - necessity, self-defence, duress by threats, duress of circumstance and lawful use of force and their conditions for application. This paper also focuses to decisions of Czech, Irish, English and another courts which modified interpretation of mentioned institutes. The thesis analyses and compares conditions of Czech law and common law, which is represented mainly by Irish law. Introduction of thesis forms first chapter, it sets out aims and the methods used for achieving them. Second chapter presents general introduction where it is described differences of civil law and common law. Third chapter is divided into three subchapters and focuses on the position of necessity and self-defence in national law. This chapter theoretically analyses the position of institutes in justification in the context of national adaptation and describes their basic features. The fourth chapter deals with legal regulation of the necessity and its equivalents in the common law. Individual conditions are explained and presented on individual judicial decisions. Part of this chapter is even an analysis of possible excess from...
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The concept and legal consequence of the excessive use of self-defence and necessity
Krejčíková, Radka ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The topic of this diploma thesis is the concept and legal consequences of excessive self-defence and necessity. The aim of the thesis is to introduce and describe the conditions of using these defences and to focus on issues of case law in connection with them. Criminal law is an essential part of everyday life. This diploma thesis focuses on analysis of all conditions imposed by Czech legislation as well as Irish legislation. It is composed of seven chapters and each chapter deals with different issues. The first chapter is an introduction to the whole thesis: it sets out aims and the methods used for achieving them. The second chapter deals with the definition of the concept of justification with the basic features of these circumstances and highlights the basic foundations for behaviour under self-defence or necessity. The third chapter is fully devoted to regulation of necessity, focusing on its basic conditions. Each condition is explained and described separately with references to the case law. One part of this chapter deals with the excess in behaviour under necessity and the following solutions in criminal trial. The fourth chapter deals with the concept of self-defence in the Czech Republic, defining it and analysing its basic conditions. Examples from the case are discussed and analysed...
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The basic aspects of self-defence
Stich, Jaroslav ; Pavelka, Radim (advisor) ; Venzara, Jan (referee)
Title: The basic aspects of self-defence Objectives: The principal aim of this thesis is describe the basic aspects of self-defence, like criminological factors, phases of conflict, expression of stress and the legal problems of self-defence. Methods: Application, processing and interpretation of informations from scholarly publications. Results: The result of this thesis is summary of individual aspects of self-defence in common civil life. Keywords: self-defence, conflict, circumstances excluded lawlessnes
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The concept and legal consequence of the excessive use of self-defence and necessity
Kapras, Jiří ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
This diploma thesis deals with the concept and legal implications of excessive self-defense (also private defense) and necessity (also distress). The two terms designate two circumstances precluding wrongfulness that the Czech Criminal Code recognizes. They have been intended to allow every person to defend himself and thus protect his rights against an attack or other forms of danger in case the state authority cannot provide for such protection. If the self-protection is executed within some acceptable boundaries that are provided by the Criminal Code, such behavior can be considered beneficial for the society and therefore nobody should be in any way punished for it. Criminal liability is only established when the given boundaries are crossed and even then there is a certain favored approach towards the perpetrator required. The intention of this diploma thesis is to address the connotations and importance of the given juridical institutes and to evaluate whether they function effectively or not, with eventual suggestions as to how to improve the result. After a short introduction the first part of the thesis deals with the concept of wrongfulness as one of the elements of a crime, and circumstances precluding the wrongfulness in general. In the end of the chapter there is a brief reflection on...
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The level of knowledge and use of self-defense paramedic during attack
PANOUŠEK, Martin
The modern day brings with it many risks for paramedics in the form of higher agression from the side of people they interact with. More and more often, members of rescue teams are encountering verbal and physical abuse from the side of patients and their relatives. The frequence of treating people intoxicated with alcohol or other narcotics, which makes them dangerous for the paramedics, is rising. Therefore, situations for which the paramedics weren't trained or sufficiently geared are occuring. In the theoretical part of this paper i am talking about problems with agression in a pre-hospital care, mainly with how it manifests, the reason why and the types of it. Because the verbal abuse was voted by participants as the most common, i decided to devote a part of the theoretical paper to the ways how to properly communicate with an agressive person. Then i include a few marginal information about self-defence and rules for tactful self-defence. Because paramedics are completely unequipped for physical attack, i talk about this problem from the technical, physical and legal side. I am gathering data for the research part of the paper from paramedics through series of half-structured interviews. I study how they act in times of crisis such as when they are attacked. I also mention what level of knowledge of self-defence there paramedics possess and if they use some techniques from it. The result of my paper is pointing out that the paramedics aren't at a level of self-defence when they can effectively protect themselves from harm during an actual physical attack. A police department of Czech Republic is absolutely necessary for ZSS squads for dealing with these situations. The research showed, that the training in self-defence and cooperation with PČR ideally once per year would be greatly appreciated by most of the paramedics, and from my opinion it would be great way to deal with situations that can occur in the future.
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Self-defense in the Czech Republic, the Slovak Republic and the Republic of Ireland
Lepáček, Marek ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The purpose of this thesis is to deeply analyze the issue of self-defence as a circumstance excluding an illegality. For its comparison with other countries and for better understanding of its substance this thesis also focuses on the Slovak and Irish legislation of self-defence. For that reason, this dissertation is divided into 4 chapters, where 3 of them talk about self-defence in the different country. The first part briefly displays the evolution of self-defence since 1852. The second part focuses mainly on general knowledge of self-defence and its application in case law. It includes basic defining characteristics, its application in relation to individual offences as well as its relation to automatic self-defending facilities. The third (Slovak) part basically deals with different characteristics of self-defence in comparison with the Czech legislation and considers which legislation is better and why. Moreover, it is talking about what is the significance of differences in practice, which legislation of self-defence is beneficial for a defender and on the other side, which one is easier to abuse. The fourth part focuses on the Irish legislation of self-defence which, as usual in Anglo-American legal system, is primary based on judicial precedents. Because the Irish law is substantially...
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Lawfull use of force
Lipert, Jan ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
of my Master's degree thesis in English Lawful use of firearms The purpose of my paper is to draw attention to the lawful use of firearms in self- defence. The relation between the lawful use of firearms and self-defence is not explained sufficiently today. For example, it is not clear in what situations police officers have authority to act in self-defence and what their liability would be should they exceed the regulation of lawful use of firearms. The author offers possible solutions to this issue and describes their consequences. The paper is composed of three chapters. Introduction brings the reader into the issue. First chapter serves as an extension to the introductory part and defines basic terminology used in the paper such as defences, necessity, self-defence, dangerous offender, lawful use of firearms. Chapter Two deals with relevant international, constitutional and statutory legislation with a focus on the lawful use of firearms and its regulation. Chapter Three introduces basic knowledge from practice split into rulings and case studies. Author of this Master's degree thesis searched and chose the most relevant rulings with relation to the lawful use of firearms. Case studies include two cases of lawful use of firearms by the Police to which the author had access. Chapter Four looks...
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Controversial issues of self-defence in Czech case law
Houzar, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The focus of the thesis is set on the controversial issues connected with a legal institute of Czech criminal law called "self-defence", and how these controversial issues were dealt with within judicial practice. The first chapter serves as an introduction to the whole topic. The second chapter describes the concept of self-defence, as well as its prerequisites. The self- defence was classed into the system of criminal law. The goal of the third chapter is to define preconditions which are necessary in connection with application of the self-defence institute. The main parts of this chapter describe firstly attacking, first of all and secondly defence. Subsections of this chapter analyse the term of attacking itself, the attacker and his characteristics, the term of harmfulness of such attacks towards society. As for the second part of the third chapter it focuses on the defence itself, its proportionality etc. The fourth chapter is about the role of judicial practice within the context of Czech legal system. This chapter serves as a relevant contribution to the main part of the thesis, which is chapter five. Chapter five introduces specific cases, especially those which were at some point controversial. The specific case is briefly described and the controversial issue is named and further...
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