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Legal consequences of exceeding the private defense and exigency limits (excess)
Malachová, Alena ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
THE THESIS IN ENGLISH The aim of the Thesis is to take a close look at the exigency and private defence issues, especially their conditions as well as limits of their exceeding and draw as complex conclusion as possible. The main aim of the thesis is to prove an amendment within the frame of exceeding the private defence and exigency limits should be passed. The thesis is composed of eleven (11) chapters, each of them dealing with different aspects of exceeding the private defence and exigency limits. Chapter One is consists of a general introduction and basic general characteristics of both institutes, both exigency and private defence and their position within circumstances excluding illegality. Chapter Two deals with a brief historic survey of development of exigency and private defence institutes. Attention is especially paid to the time from the validity of the Austrian Criminal Code from 1852 and regulations in individual criminal codices valid in our territory. Chapter Tree looks at the position of these institutes in Czech set of rules. Chapter Four deals with the specification of the exigency and private defence term, their substance and function within the society and it contains definition of differences and identical features of both institutes. Chapter Five and Six concern the...
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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 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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The concept and legal consequence of the excessive use of self-defence and necessity
Koňakovská, Petra ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
of my Master's degree thesis in English TERM AND LEGAL CONSEQUENCES OF EXCEEDING THE PRIVATE DEFENCE AND NECESSITY LIMITS (EXCESS) The thesis examines the legal concept and legal implications of transgression of (acting outside of) private defense and necessity. It is based on the new Criminal Code, Act N. 40/2009 Coll. In some of the comparative passages the older legal regulation is mentioned, Act N. 140/1961 Coll., the Criminal Code in particular, as well as preceding penal codes. For illustration of examined concepts and definitions every charter includes case law that deals with the legal institute of private defense and necessity. The thesis is based on the Czech legal regulation and doesn't include comparison with foreign legislation. It's been caused by the short time of effectiveness of the new Criminal code which brought several substantial changes in circumstances precluding wrongfulness of an act. Significant part of the thesis is dedicated to these innovations, e.g. new privileged the fact of criminal offence of manslaughter (§ 141 CC) and infliction of bodily harm with a justifiable motive (§ 146a CC) , new legal regulation of extraordinary reduction of the term of imprisonment (§ 58 CC) and extenuating circumstances (§ 41 CC). Essentially, the new Criminal Code as a whole brought a...
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Symptomes of nitrogen excess in soil
Hynšt, Jaroslav ; Šimek, Miloslav
Nitrogen cycling is one of the most important processes on the Earth. Most of N transformations run in soil. Nitrogen usually enters the soil as occasional input in concentrated forms which means that it is often in excess or in deficit. However, deficit and excess of N have different value in different soils and ecosystems. For example, amount of N which causes significant impact on ecosystem of spruce forest is insufficient for the maize field. This suggests, that the amount of N in soil must be evaluated in context of the whole ecosystem. In N-limited ecosystems, most of N is stored in plant biomass and litter characterized by slow transformations. Productivity of ecosystem is low, but N is utilized with high efficiency. On the other hand, in conditions of high availability of N, losses take place. These differences are reflected in content of different fractions of soluble N in soil and different rates of their transformations.
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