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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 concept and legal consequences of excessive self-defense and necessity
Kursa, Jakub ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of excessive self-defense and necessity The topic of presented diploma thesis deals with criminal law institutes of self-defense and necessity and the consequences of exceeding their limits provided by the Criminal Code. Both of the above-mentioned institutes belong to the conditions precluding illegality of an act, i.e. specific circumstances in presence which of and subject to conditions any sanction is excluded under effective law. The purpose of these institutions is to make it possible for people to act with impunity in cases they protect the interests of their own or interests of the whole society when these interests are violated or endangered. In principle, these institutes replace the absence of a public authorities at the moment, whose task is to protect these interests. However, on the other side the legislation does have certain limits to prevent from any misuse of these institutes. The key passages of this thesis are therefore focused on situations where the conditions of necessity or self-defense are not fully met and examines the legal consequences of such actions. The presented thesis is divided into six parts. A brief introduction is followed by the first chapter, which deals with the general view of the conditions precluding illegality of an act,...
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Circumstances excluding punishability
Kabát, Robert ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee) ; Stibořík, Vladimír (referee)
214 SUMMARY Circumstances excluding punishability 1. The main purpose of this thesis is to analyze the nature of the circumstances, which are standardized in Czech criminal law, as circumstances excluding unlawfulness. Main focus is on two of them that, in both historical and international comparison, are not in all circumstances conceived as so-called justification (circumstance excluding unlawful- ness), but also as a reason for excluding subjective criminal liability (excuse). 2. The concepts of criminality, criminal liability and anti-legality in their various con- cepts, which can be found in the theory of criminal law, are first analyzed. Thus, in par- ticular, the concepts of formal and material criminality, formal and material unlawfulness, so-called criminal unlawfulness and special unlawfulness are clarified consecutively. The result of this investigation is the conclusion that unlawfulness is only one and expresses a contradiction with the whole legal order. This concept should be distinguished from the concepts of criminality (as attribute) and criminal liability. Unlawfulness is their condi- tion. In this general part, the place of unlawfulness in the system of elements of crime, and its functions in that system are analyzed. 3. In the second part, the thesis focuses generally on the...
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Necessity and self-defence in civil law
Raffajová, Zuzana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with necessity and self-defence in the light of the large recodification of private law in the Czech Republic. Together with other legal concepts they are referred to as the circumstances excluding unlawfulness. Their specificity lies in their exclusion of the obligation to compensate suffered damage provided that the conditions laid down by the law are met. This issue has always been a matter of interest to both laical and professional public as these important legal concepts form one of the most fundamental pillars of the liability system. The aim of the thesis is to point out their importance for the present codification by a comprehensive analysis of relevant legislation, conclusions of theory and case law. They have been subjected to extensive analysis as well as their Roman law roots. The key part is the comparison between Czech and German law that exceed the terms of private law. Due to their apparent connection the issue of criminal law was also included. In addition, this thesis deals with the institute of self-help in terms of its relationship with necessity and self-defence. Self-help was a typical means of protection in archaic societies but today's advanced society delegated the function of legal protection to the state by establishing independent and...
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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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Circumstances excluding illegality
Bláha, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Rigorous thesis mainly proposes a legal analysis of the circumstances excluding illegality contained in the penal code and other related issues. Thesis is especially about private defence, exigency, compliance, tolerable risk and lawful use of a weapon. The first part deals with the historical development of the circumstances excluding illegality, followed by a comprehensive analysis of current legislation and the work concludes fundamental analysis of German law. In the crucial part of the thesis, which deals with applicable law, is noticeable emphasis on the fact that the interpretation links to relevant case law. This is especially true in the case of exigency and private defense as the two most frequently occurring circumstances excluding illegality. Rigorous thesis also includes an excursus into the realm of sports, because one of the chapters focuses more on application of individual facts in issue of the circumstances excluding illegality in sports law.
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The meaning of the case law for the application of necessity and necessary defence
Drnková, Lucie ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
The meaning of the case law for the application of necessity and necessary defence The thesis itself is focused on the points at issue of the meaning of the case law for the application of necessity and necessary defence mainly in the field of Czech criminal law, although some partial issues are also compared to the foreign legislation. In compliance with the title of the work author's attention is dedicated in the first place to the conditions and limits of both those institutes and their reflection in the judicature (considering the development of those tasks, that are currently believed to be disputable), futhther, the law theory is described. The thesis is composed of eight chapters, from which the first forms as an introduction, where the goals and approaches are indicated. The last, eight section summarizes the outcomes and conclusions of the thesis and also serves as a recommendation of some useful legislative changes that can be done in the future. The Second Chapter talks about the role of the case law and its meaning in the field of criminal law, characterizing the impact of judicature for the legal practice in the first place. Also the terminology used throughout the whole work is laid down, while claryfiing the basic terms applied lately. The following Chapter Three serves as an...
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The concept and legal consequence of the excessive use of self-defence and necessity
Šimeček, Lukáš ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
THE NOTION AND LEGAL CONSEQUENCES OF EXCEEDING THE NEED FOR SELF-DEFENSE AND DESTITUTION The subject of this thesis are the notion and the legal consequences of exceeding the need for self-defense and destitution (excess). Both of those situations exclude illegality in the case of fulfillment of certain conditions assuring the right of an individual defend him-self in case of an attack, in other words in situations where there is a threat to interests protected by the criminal statute. The consequence of the fulfillment of the conditions of destitution and self- defense is the exclusion not only of criminal liability of the defendant but equally the illegality of his act. In these situations, we therefore are not dealing with a criminal act. This characteristic therefore in consequence makes destitute and self-defense into notions of great importance in the area of criminal liability. The aim of this thesis is to focus on both of the notions mentioned above, mainly in regard of situations where we are faced with the exceeding of the allowed limits and therefore to fully elaborate on and detail the parameters of the notion of excess and the legal consequences linked to it. The term excess will be regarded from the point of view of theories, legal treatment and jurisprudence, as their approach and...
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Strakošová, Kristýna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The object of this diploma thesis is criminal institute of self-defense and necessity and legal consequences of their transgression. These circumstances excluding the illegality release an act of person, who prevents a directly imminent danger or attack, from illegality as an element of the crime. We find the importance and indispensability of these institutes in possibility of use of self-help in favor of the protected interests, without a threat of penal sanction. This work is mainly focused on situations where legal conditions and limits of self- defense and necessity were transgressed, which caused their criminal liability. Even here it is desirable to apply more benevolent approach towards the offender than to other perpetrators of common crimes, because otherwise self-defense and necessity is considered a positive phenomenon. After a brief introduction, in the first part of this diploma thesis, the author deals with circumstances excluding the illegality in general and with the concept of illegality itself. In the second part, the author deals with the definition of the term and conditions of necessity and mainly focuses on explanation of the unclear and questionable elements of necessity. In...
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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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