|
|
Circumstances of justification and medical practise
Strnad, Jan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Responsibility of the doctor in criminal law and the circumstances under which it is possible to carry out medical procedures without the threat of legal punishment is a topic that has been, is and will be always up to date. It is a complex set of problems, which includes aspects of moral, medical and legal. In my thesis I focused on relationship between doctor's proffession and legal aspects of his work according to criminal law. Its goal is to describe the issue of the practice of medicine and circumstances of justification in terms of legislation in the Czech Republic. The thesis consists of three chapters. The first chapter provides an introduction to the problem and the reasons that led me to choose this topic work. The second chapter is devoted to criminal liability and is divided into two parts. The first contains the general conditions that are necessary for criminal liability of doctors. The second part contains the typical and most common possible crimes that may physician in the exercise of their profession commit. The third and most extensive chapter has focused on description of the circumstances of justification. The chapter is divided into four parts. Firstly it deals with self-defense and legitimate use of weapons that are not too common in the medical environment. Then I focus on...
|
|
|
Admissibled risk
Špornová, Veronika ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Permissible risk (Abstract) Topic of this thesis is permissible risk which is one of circumstances excluding the illegality in czech law. Text is divided into eight main parts. In first chapters history of permissible risk and circumstances excluding the ellegality are explained, then the relation between them is being discused. After first chapters that are about permissible risk in general, special parts come - permissible risk in health service, sports and economy. In each of this fields same topics are considered - special subject, acting lege artis, common good and relation between risk and the goal expected. Last part of this theses summons circumstances of permissible risk and asks a question whether it is necessary to have permissible risk in czech penal code.
|
|
|
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
|
|
|
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....
|
|
|
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...
|
|
|
Contentious issues of self-defence in Czech case law
Korál, Petr ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
55 10 Abstract Controversial Issues of Necessary Defence in Case Law In this thesis I focus on the problematic issues of necessary defence (self- defence) both from the point of view of case law (where available) and law theory (in areas that have yet to be decided by courts). The second chapter describes the position of necessary defence in the systematic of Czech criminal law and defines the legal institute of necessary defence itself. Necessary defence is one of circumstances that exclude criminal liability (excuses and justifications). The substance of necessary defence is the repulsion of an imminent or pending attack on interests protected by the Criminal Code. The attack must be unlawful and harmful to the interests of society. The action of the defender must not be utterly apparently inadequate to the manner of the attack. Also the action of the defender must be intensive enough to otherwise constitute a crime. The third chapter addresses the issues of basic components of necessary defence, that is, the attack and the defensive action. The harmfulness of an attack must be at least discernible. In regards to the unlawfulness of an attack, the criterion is objective unlawfulness, that is, behaviour is unlawful if it unduly threatens interests of others, without taking into consideration of the...
|
|
|
Utter necessity and necessary defense as illegality excluding circumstances.
ŠEFL, Richard
Theme of my thesis is the issue of necessity and self-defence as circumstances excluding illegality. In this work are these institutes characterized from the perspective of Czech law and Anglo-American law. A part of this work is historical excursion that highlights the problems of these institutions from the perspective in the course of history. This work serves us a comprehensive look at the necessity and self-defence and their issues. Part of the work is the mutual comparison of these institutions from the perspective of the law of the Czech and the Anglo-American law.
|
|
|
Criminal law aspects of sport activities
MAŘÍK, Tomáš
Podstatou této bakalářské práce je nastínit, popsat a analyzovat určité právní aspekty vztahující se ke sportu, konkrétně zpracování manuálu pro pracovníky zabývající se vedením mládeže na úseku sportu (trenér, vedoucí družstva, rozhodčí, vedoucí kroužků) a stanovení základních znalostí týkajících se jednotlivých právních odvětví, která mají vztah ke sportu a tento okruh lidí seznámit s jednotlivými paragrafovými ustanoveními trestního práva, jež mohou být k takovým případům vztahována a aplikována.
|
|
|
CIRCUMSTANCES EXCLUDING THE ILLEGALITY
HAUER, František
This work provides a comprehensive look at the issues and current concepts of circumstances precluding unlawfulness in the Czech Republic, which are defined in the Criminal Code No. 140/1961 Coll. valid until 31.12.2009 (necessary defense, exigency, legitimate use of weapons).The purpose of this work is to create the practical tools for citizens of our country how to behave and act in situations of the immediate danger to their property, health or life, or other rights and freedoms declared by the Charter of Fundamental Rights and Freedoms, in the context of immediate unlawful conduct of other persons.In this thesis there are gradually given various conditions which the attack must meet, the risk of defending against unlawful conduct and this act itself could be considered by the competent authorities as an act within the limits of the particular circumstances excluding the unlawfulness. The decisions of law enforcement bodies present their approach to this issue. It also includes a view of the installation of automatic defense equipment, the use and installation is currently not regulated by law as an effective means to protect their property. Due to the upcoming of the new Penal Code No. 40/2009 Coll., As amended, at work there is also a chapter by circumstances precluding unlawfulness de lege ferenda under the Criminal Code with the consideration of their other possible legislation. In the fifth chapter is a comparison made these circumstances with foreign legislation.
|
|
|
The institute of circumstances excluding illegality
Hudáková, Jana ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis is aiming for the institute of circumstances excluding illegality. It offers relatively detailed look at it's individual aspects such as needful defense, utmost necessity. Allowed handling of weapons or other institutes which has been in power based on analogy of law. In association with forthcoming validity of new criminal law, there are several differences among institutes mentioned in the thesis. The whole problem is than applied in the praxis and illustrated specifically on sportsmen. I also mention specific punishment variations for the most committed criminal offenses in context of deviation from institutes excluding the illegality. At the end there are statistics for different time frames in association with commitment of particular crime activity for better understanding the problem.
|
guest ::
