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The concept and legal consequence of the excessive use of self-defence and necessity
Malachová, Alena ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
Pojem a právní důsledky překročení mezí nutné obrany a krajní nouze Alena Malachová 71 8 SUMMARY of my Master's degree thesis in English TERM AND LEGAL CONSEQUENCES OF EXCEEDING THE PRIVATE DEFENCE AND EXIGENCY LIMITS (EXCESS) The aim of the Work is to take a close look at the exigency and private defence issues, especially the conditions and limits of their exceeding and draw as complex conclusion as possible. That should direct us to the thought whether the legal regulations of these institutes in the Czech Republic can be considered sufficient or whether inconsistency or gaps in general whose existence can have any immense consequences for all of us can be found there. There are many reasons to deal with this issue. The most fundamental one is perhaps the private defence or exigency institutes and matters concerning exceeding their limits can become much personal for everyone as the situation when they are solved can never be estimated in advance. The thesis is composed of six chapters, each of them dealing with different aspects of exceeding the private defence and exigency limits. Chapter One is consists of. a general introduction and basic general characteristics of both institutes, both exigency and private defence and their position within circumstances excluding illegality. Chapter Two deals with a...
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The concept and legal consequences of exceeding the scope of self-defence and necessity
Bušek, Michal ; Vokoun, Rudolf (advisor) ; Fenyk, Jaroslav (referee)
Excessive Use of Force in Self-defence and Necessity - the term and legal implications This work is submitted as a Master thesis on the Charles University in Prague, Faculty of Law. It deals with the use of excessive force in self-defence and necessity, the terms used to evaluate such excess and the implications that it has in the Czech law and in some common law jurisdictions, namely in the Irish republic. In the introductory chapters I have described the general meaning and the use of self-defence and necessity in the Czech legal doctrine. What follows are the limitations placed on these defences under the Czech Criminal Code. Then I went on to explain the specifics of excessive use of force in situations where there was some necessity to use force, but the force actually used did not fit within the relatively broad boundaries of the Czech reasonableness test. The terms used in this context are also defined and the legal implications of such an excess are further elaborated on. I have briefly referred to the changes proposed by the new Criminal Law Bill. The following part deals with the pleas of necessity and selfdefence under the Irish law, specifically addressing the recognition of excessive self-defence as a partial defence to a murder charge. Where appropriate, the relevant cases from around the...
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