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Legal relationship between a doctor and minor patient - criminal aspects
Hlaváčová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Relationship between a doctor and a minor patient - criminal aspects. The main aim of this thesis is to analyze the criminal aspects of the relationship between a doctor and a minor patient. I chose this topic because I grew up in a family of doctors and I had listened to the problems that my relatives as doctors had to solve. This thesis is composed of twelve chapters, which are divided into sections and subsections.The first part of my thesis describes and analyzes the sources of law and basic concepts which are used in legal literature and also in legislation. Due to the specific relationship between a doctor and a minor patient lying in the fact that a minor patient must be represented by his parents in some cases, the third chapter analyzes the conduct of the child as one of the vertices of an imaginary triangle (doctor - child - parents). In chapter four, I focused on description of all kinds of legal liability, which are typical for this area of law. The main focus of my thesis consists of chapters five, six and seven. In these chapters I in detail analyzed criminal liability, firstly in general, secondly criminal liability of doctors and in the last mentioned chapter I discusses further about criminal acts in the context of healthcare. I realize that I couldn't have succeeded in covering...
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Criminal defences regarding the provision of health care services.
Zaoralová, Petra ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The criminal defences are of a very high importance especially in the context of health care services. They set the conditions under which health care services may be provided without any criminal sanction. Legislation regarding the criminal defences has been under constant development and the topic remains very actual nowadays. The thesis is divided into five chapters. First chapter introduces the reader the issue and explains the importance of dealing with criminal defences. Second chapter concerns general aspects of criminal defences and is divided into three parts. First of them deals with the term of unlawfulness, since the circumstances which are subject to this research, exclude the unlawfulness. Next part is dedicated to the legal regulation of defences and relations between them. Last part of first chapter explains philosophical and moral principles of acting within the scope of defences. Such principles are introduced both on a theoretical level and practical cases. Third chapter deals with particular criminal defences, including the defences which are not explicitly stated in the criminal code, and thoroughly explains issues related to them in its five parts. First part offers detailed overview of conditions of necessity and its impact on providing of health care services. Attention is paid also...
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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...
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The risk of the criminal responsibility of the doctor in the providing medical care
Frömel, Jaroslav ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
THE RISK OF THE CRIMINAL RESPONSIBILITY OF THE DOCTOR IN THE PROVIDING MEDICAL CARE A closer look at this topic is an obvious link with the various areas of medical care. The most important ones of them I chose a more fully expanded upon in this work. Already within health care organization is being created that can prevent criminal responsibility. Well- established standards of quality management, implementation of internal and external audits, are just as important as clearly defined legal standards. It is my job thematised topics of informed consent and rules in connection with the occurrence of nosocomial infections. I also deal with comparing different topics with other countries mainly within €Germany and Europe. This thesis is divided into four chapters. The first chapter deals with the main basis of legislation, medical law and the laws of the Czech Republic in a hierarchical sequence. In terms of the basic source of international Convention on Human Rights and Biomedicine and other international agreements. The Convention on Biomedicine, which was incorporated into the legal order of the Czech Republic is one of the basic legislation on medical law. The Criminal Code and other regulations relating to medical low and low on health services are also included in this section. In the second...
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The injured party in criminal procedure and his/her protection
Solil, Martin ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
The injured party and his/her protection in criminal proceedings The presented thesis deals with the protection of an injured party in criminal proceedings as a whole, in particular with regard to his/her position as a party in the criminal proceedings, and to his/her procedural rights in accordance with the Rules of Criminal Procedure. The aim of this thesis is complex analysis of the position of an injured party in the Czech legal order with focus on differentiation of the concept an injured party (as the party of criminal process) and the concept a victim of an offence, as a person whose rights were violated in certain manner. The thesis is composed of five main chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter contains thorough analysis of the concept an injured party, as is defined in the provision of Section 43 of the Rules of Criminal Procedure. At the same time, there is incorporated the analysis of limitation or exclusion of participation of an injured in criminal proceedings. Thereafter, the conclusion of this chapter is dedicated to the mentioned differentiation of the concepts an injured and a victim, in particular in the light of the new law on victims of crime. In the second chapter the author addresses...
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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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Crime of murder newborn baby by its mother
Odlasová, Ludmila ; Hořák, Jaromír (advisor) ; Císařová, Dagmar (referee)
English Abstract This diploma thesis consists of nine chapters and focuses on the criminal law aspects of the crime - the murder of a newborn baby caused by mother. The first chapter contains an introduction to the topic, mainly the brief historical excursion and analysis of current legislation. The next chapter is devoted to the general discussion of the privileged state of facts. The following passage of my thesis deals with the characteristics of state of facts of newborn's murder crime. The characteristics specifically are: a subject, a subjective aspect, an object and an objective aspect. In the chapter about the subjective aspect (the psychological state of the mother character as a type of crime) I devote more attention to the theme of crime and the problematic term "distress after birth." I'm trying to define the duration of the distress caused by childbirth. In the chapter about the object of the crime, called Newborn's life as the object of a criminal offense, I mainly devote to the material object of an attack. I try to present the different views on the problems of determination of the human's life beginning. The sixth chapter (called Newborn's death as a result of mother's treatment) deals with various ways of murderous treatments, which are supplemented by the casuistry. In this section I also...
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Criminal aspects of assisted reproduction
Paták, Milan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The concept of assisted reproduction is widely discussed by both professional and lay public. New scientific discoveries in the fields of biology and medicine as well as the use of methods and procedures that enable the emergence of new life raise number of issues, not only the legal ones. The purpose of this thesis is to provide the comprehensive survey of criminal law relationships which may arise in the context of providing the assisted reproduction. The thesis examines whether the current legislation guarantees sufficient protection of relations, interests and values covered by the Criminal Code. Within the analysis of crimes the thesis deals with the need for criminal repression and gives proposals de lege ferenda. The thesis is composed of five chapters. The first chapter is subdivided into two parts. Part One defines the concept of assisted reproduction, describes the historical overview of the events that preceded the current interpretation of the concept and explicates basic medical terminology related to the chosen topic. Part Two presents the basic principles on which the Czech regulation is established and contains specification of the relevant sources of law. The second chapter briefly characterizes the criminal and medical law and clarifies their relationship. The third chapter deals with the...
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Relationship of doctor and patient, criminal law aspects
Procházková, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
RELATIONSHIP OF DOCTOR AND PATIENT, CRIMINAL LAW ASPECTS I have chosen this particular topic regarding the fact, that medical law is a part of law, which attracts general public attention. Relationship of doctor and patient is something that every one of us has experience with. Everyone visits doctor and builds unique relationship with him. I have chosen topic of relationship of doctor and patient, because I want to highlight that this relationship is still not relationship of equal partners in the Czech Republic, which leads to several conclusions. My aim is to analyze this situation regarding criminal law aspects. Aim of this thesis is to analyze relationship of doctor and patient as a result of process of evolution, to describe recent situation in the Czech Republic and to suggest changes for the future. I look at the relationship of doctor and patient on the basis of criminal law and demonstrate some particular aspects with case studies. Thesis is divided into thirteen chapters. First chapter introduces term of medical law and its position in law system and connection to criminal law. Basic terms and its explanation are provided in chapter two. It should not be considered as complete and finished enumeration. Third chapter enumerates important legal documents and laws which cover topic of the...
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Usury - crime and social phenomenon
Koudelka, Ladislav ; Fenyk, Jaroslav (advisor) ; Císařová, Dagmar (referee) ; Fryšták, Marek (referee)
This work deals with usury, is dealt with as a social phenomenon, illegal activities and crime. It has 240 pages, is divided into five parts, it is complemented by two appendices and a bibliography. The work uses methods of historical comparisons of current legislation and practices with the laws of the historical processes and is also used for comparison of Czech legislation with international usury laws as emphasis is placed on the practical side of things, so they are discussed decisions of the Czech and foreign judicial authorities in relation to particular cases. The first part of the paper interprets the concept of usury and directly engaged in the development of access to usury from the philosophical, historical and legal perspective. The second part consists of an analysis of usury legislation 11 countries of Europe and America, which are highlighted differences between the laws of the court and court decisions of the individual countries in both civil and criminal matters relating to usury. The third part of civil law, usury contained in the Czech Republic and studied approach of the Czech judiciary on this issue on examples from practice, work concerns and influence enforcement and arbitration in this area. The fourth part deals with the Czech legal treatment of criminal usury and is...
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