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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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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 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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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 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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Legal Defenses under Czech and German Criminal Law
Horský, Jiří ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The thesis addresses the analysis and comparison of individual elements of defenses under Czech and German criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of the thesis was to render overview concerning the distinctions in the defenses, provided that these are based on common reasoning, are generally acknowledged and theoretically elaborated, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. The fact that the defenses are mutually close in their character and meaning within both legal systems was a major prerequisite for the thesis. The thesis analyses the distinctions with regard to the individual preconditions of separate defenses. These distinctions are not limited only to the extent of the wording of a legal statute, they also greatly manifest in professional literature and case law. Owing to the brief and abstract nature of the respective provisions the courts and theorists developed large quantities of principles and rules which precise and sometimes even amend these provisions. The subject has been processed under consideration of the present-day legal regulation, the topics of origin and development of defenses has intentionally not been discussed....
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