|
|
Contentious issues of necessary defence in judicial practise
Gilar, Viktor ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Disputable questions of necessary defence in judicial practice Abstract This diploma thesis deals with disputable questions of necessary defence in judicial practice. The first part of the diploma thesis focuses more closely on the theoretical concept of necessary defence, as a circumstance excluding illegality, when it has been found out that the necessary conditions of the necessary defence are the existence of an ongoing or imminent attack, which must be directed against an interest protected by criminal law, while the attack must be unlawful and genuine, when the defence must not be quite manifestly unreasonable. There are cases of deviating from the limits of necessary defence, which are called excess intensive or excess extensive, described here as well. The second part of this diploma thesis deals with the importance of judicial practice in criminal law and individual selected disputable questions in the necessary defence solved in judicial practice. There are individual samples of court decisions, in the "casebook" style, where an individual case is always described, both factually and legally, containing legal sentences as well as important, practical and interesting extracts from court decisions. Among the resolved disputed questions are the question of the subsidiarity of necessary defence, the...
|
guest ::
