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The principle of discretionary evaluation of evidence in Czech case law
Vopršal, Ondřej ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis is to represent in detail one of the fundamental principles of the Czech criminal procedure, the principle of free evaluation of evidence. At first the thesis deals with theoretical aspects of this principle, since they are almost unavailable in the modern literature. The author afterwards analyses the extensive judicature of Czech courts (including the Constitutional court) related to general issues of evaluation of evidence as well as to particular means of proof. The thesis also contains proposals of legislative changes, as the legal regulation of criminal procedure seems to be no longer satisfactory.
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The informed consent of a patient
Nováková, Kristýna ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
56 The Informed Consent of a Patient 9. Summary The informed consent of a patient is a fundamental principle of medical law and ethics. Nowadays it is natural that before treatment, the patient must give his consent. This concept of the patient's rights and the principles of their autonomy and self- determination was established during the second half of the 20 th century. During the first half of 20 th century, the relationship between doctor and patient was based on paternalistic grounds. This meant that the doctor was an authority who knew what was best for the patient. The patient was just the object of care; he trusted his doctor and did everything exactly as the doctor said. Doctors were authorities not only in the field of medical care but also in many other areas of the patient's life. There were no lawsuits or complaints against the doctors because of the treatment they provided. After WWII the situation changed when the international conventions of human rights were created. Patients started to decide if they wanted to be treated or not; they started to demand more information about their healthcare, and about the treatments they were receiving. They were no longer just the objects of care, but they now wanted to know what was going to be done with their bodies and to decide whether they wanted...
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Protection of human foetus
Holub, Adam ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Protection of human foetus - summary The thesis gives a detailed analysis of the extent and standard of protection of the human foetus in the Czech legal system, concentrating on the aspects of criminal law. In the introductory part it presents a brief chronological survey of the synopses of the most significant instruments which constitute the subject of the thesis. The legal institutions concerned are - in the minimum necessary extent - put in the context of several key international agreements, with the emphasis laid on the provisions of the Convention on Biomedicine whose concept significantly influenced that of the Czech medical law. Also the role of civil law and its connection - both as regards the terminology and content - with the other relevant provisions of the legal system are briefly mentioned in the third chapter. However, the thesis focuses mainly on criminal law and therefore its greatest part is concerned with the means by which criminal code guarantees the protection of human foetus. Not only does it give a survey of selected criminal offences and their matters of issue, but it also underlines their connection with the provisions of the first part of the law in question as far as the interpretation and application are concerned. A brief separate chapter deals with the connection of...
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Doctor - patient relationship
Šimečková, Irma ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
DOCTOR - PATIENT RELATIONSHIP RESUMÉ The topic of the doctor - patient relationship is so broad that this graduation thesis cannot cover nearly all of its aspects. The aim is to capture the most basic institutions of doctor - patient relationship in period just before the effectiveness of the reform of health services. Historical development of medical law in the Czech Republic is summarized in the very first chapter. The aim was mainly to express complicated role of post-communist countries in connection with their efforts to integrate into the modern system, which was then for the rest of Europe completely natural. The second chapter issues the basic elements controlling the relationship between doctor and patient, including the definition of the term lege artis, whose explanation is an essential part of every publication dealing with medical law. Chapter provides a comprehensive view of the institutes, which are largely discussed in subsequent chapters. The next three chapters deal with the issues of informed consent, duty of confidentiality of medical staff and management of medical documentation. Informed consent is the central institute of medical law and most important element of the relationship between doctor and patient. The topic of the consent of the patient with the health care is treated in...
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Public health insurance and its new legislative conception in the Czech legal order
Novotná, Lenka ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
This thesis is focused on current public health insurance system in Czech Republic and its possible future changes according to the proposals of the present government. The term "public health insurance" does not necessarily imply that the system is administered by public body (or bodies); it rather refers to the fact that the health insurance scheme in Czech Republic is designed to be a social and mandatory system based on solidarity of insured and plurality of health insurers. All members of the system are regularly contributing according to their possibilities. Their contribution is monthly redistributed among health insurance companies according to the risk adjustment scheme. That ensures that the health insurers get more money for diseased insured and so they don't have motivation to risk selection. As a result, all diseased should be getting every health care they need. Such systems are also often called statutory health insurance schemes. Nowadays, Czech Republic faces several problems related to this area. Czech health insurers are owned neither by the state, nor by anyone else. That brings a lot of uncertainty into the system, because there is no one responsible for the economic results of health insurance companies. As a result of that, a huge amount of financial resources is spent needlessly. On...
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The human organ Transplantation Act - moral and ethical problems in its application, comparison with international legislation
Godalová, Tereza ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
This diploma thesis deals with the issue of organ and tissue transplantations in the Czech Republic and contains a comparison with other systems of law and practices. The first part of the thesis is focused on the history of performing transplantation and sources of law. The second part provides an explanation of Czech transplantation act. For better clarity, the chapters are organized in accordance with the act. The comparison with other countries is included in particular chapters so it is possible to demonstrate other possible ways of regulation. Apart from the elaboration of the transplantation act the thesis elucidates the ethical questions and upraise of legal liability in concern with performing transplantations. The fundamental part of the thesis deals with the detail analysis of the transplantation act and other legal regulations connected with performing transplantations. In particular, the chapters step by step explain conditions for organ or tissue removal from living or deceased donors, organ implementation into the body of the recipient and all other related actions. In chapter no. 3.4 two different systems of consent with post mortem organ donations are distinguished. The chapter introduces advantages and disadvantages of both systems - the system of presumed consent (opt out) and...
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