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Self-defense - Comparison of Czech Law with the Model Penal Code of the United States and Common Law
Hofmanová, Štěpánka ; Bohuslav, Lukáš (referee)
This thesis aims to define the differences between the concept of self-defense under the criminal law of the Czech Republic and the United States of America, to assess their practical implications and propose possible recommendations de lege ferenda for the Czech legislation. Within the United States, the thesis further distinguishes between the concept of self-defense under the common law and the so-called Model Criminal Code, which together with the common law represents one of the most important sources of US criminal law. The thesis first compares the differences between the Continental and Anglo-American legal system, from which the respective national legal systems derive. Next part of the thesis further characterizes the Czech and American legal system, especially with regard to the status of criminal law and the role of jurisprudence within it. Particular attention is paid to the division of US legal system into federal and state, and the related issues of the organization of the judiciary and the system of precedents between various judicial bodies. This part then further introduces the aforementioned Model Criminal Code, which presents a compilation of the views of high-profile experts in the field of criminal law regarding the ideal form of criminal substantive law in the United States....
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The concept and legal consequence of the excessive use of self-defence and necessity
Lenc, David ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
1 Abstract THE CONCEPT AND LEGAL CONSEQUENCES OF THE TRANSGRESSION OF THE LIMITS OF SELF-DEFENCE AND NECESSITY As the name suggests, this Master's thesis examines the concept and legal consequences of transgression of the limits of self-defence and necessity. Self-defence and necessity, together with other circumstances excluding illegality, belong to the fundamentals of criminal liability. If all their conditions are fulfilled by some action, which would otherwise give raise to criminal liability, then these legal institutions exclude not only criminal liability, but also illegality of such action (i.e. such action is considered lawful). The purpose of the paper is to provide complex and understandable analysis of these two crucial legal institutions. The analysis is mainly focused on conditions of these legal institutions, which form their limits; determination of conditions which, if not met, constitute the transgression of the limits of self-defence or necessity, and content and cases of fulfilment or failure to fulfil these conditions. (Thus, the cases of the transgression of the limits of self-defence and necessity are examined.) After the analysis of such excesses, the thesis addresses specific issues connected with their legal consequences. The thesis is based on Czech legal regulation, namely the...
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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...
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History and use of self-defense
Janča, Jakub ; Kašpar, Ladislav (advisor) ; Dlouhý, Martin (referee)
Title: History and use of self-defense Abstract: This bachelor thesis deals with the history and development of self-defense techniques in martial arts and combat sports in the world, interactions, and the factors that influence the development and the course of self-defense situation from the technical conditions to compliance with statutory rules to maintain the status of the self-defense, permitted by law (legal) action. In the thesis there is the exercise training of self-defense techniques and basic training in martial arts elements applied in self-defense suggested. The appropriate specialized literature and websites dealing with applicability of various pieces of knowledge to the problems of self-defense were used as a source of information. The solving lead to the conclusion that the fighting skills have accompanied mankind since time immemorial, and have developed with it as well. The training in self-defense systems can become the way to personal self-improvement. Key words: history, self-defense, combatives, tactics, technique, psychology
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Teaching shooting and taking into account of personal defence
Hlavička, Petr ; Fiala, Miloš (advisor) ; Opelka, Luboš (referee)
Title: Teaching shooting and taking into account of personal defence. Objectives:. The main goal of this thesis is to describe a problem of using a firearm for self- defence. Methods: The used method is descriptive analysis Results: The result of this thesis is that training of defensive shooting is conditional on basic shooting skills and that it improves chance of success in case of defending your life with firearm. Keywords: Firearms, defensive, shooting, gun, law, pistol, target, aiming
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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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Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency.
Theodor, Pavel ; Fiala, Miloš (advisor) ; Stich, Jaroslav (referee)
Title Legal Issues of Self-Defense - Necessary Defense, Extreme Emergency. Objectives The aim of this work is to analyze the legal issues of self-defense. Explanation of the terms necessary defense and extreme emergency. Point out problems in interpretations. Point out the issue of self-defense of IZS members. Drawing conclusions. Methods The method used in the creation of this thesis is to analyze the widest range of literature that deals with the issue and the Criminal Code. Further description of findings and conclusion. Results Explaining the terms necessary defense and extreme emergency and clarifying the issue of self-defense. Key words Law, self-defense, necessary defense, issues, extreme emergency.
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Krav Maga and Kapap, israeli martial arts the czechoslovak origin
Vodolán, Jakub ; Kašpar, Ladislav (advisor) ; Dlouhý, Martin (referee)
Anotation Krav Maga is an Israeli combat systém, founded by Imi Lichtenfeld who was of Czechoslovak origin. This systém is currently gaining popularity, but there is no comprehensive publication describing its origin and developement. In addition to Krav Maga, there is even a less known, very similar, systém Kapap. This thesis chronologically describes what preceded the creation of Krav Maga and what it is based on. Then the thesis also involves the sporting career of Imi Lichtenfeld, the experience of his father and also historical events in Mandatory Palestine with regard to the creation of various fighting styles. The thesis deals with the developement of martial arts Krav Maga and older Kapap up to the present days. It offers an insight into the functioning of Krav Maga and Kapap in the world and even in the Czech republic and describes some current issues and events in Krav Maga and Kapap. It answers the most important questions of present days and possible future development of this combat systems and tries to outline the relationship between Krav Maga and Kapap. Keywords: Krav Maga, Kapap, Israel, martial arts and sports.
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Self-defense and Necessity: Current Issues
Fridrich, Daniel ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...
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Self-defense and necessity: current issues
Fridrich, Daniel ; Krupička, Jiří (referee)
1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...
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