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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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Actual questions of necessary defence
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Actual questions of necessary defence Rigorous thesis called "Actual questions of necessary defence" is based on Criminal Code, Act No. 40/2009 Coll., as applicable to 1 May, 2014. The thesis deals with the necessary defence which belongs to the basic human rights that give everyone the right to avert by himself the attack on interest protected by the Criminal Code. The focus of this thesis is not primarily on the basic legal issues of the necessary defence, but on questions which have not so far been given much attention to and which are at the same time, with regard to the status and the development of the society as well as its legal environment, very current. First part of the thesis is devoted to the necessary defence as the circumstance excluding illegality, its insertion among these circumstances and in particular to the mutual relationship of individual circumstances to the necessary defence. A particular attention is paid to the relationship of necessary defence to the legitimate use of weapon and to the issue of competition of these two circumstances excluding illegality. The following part of the thesis discusses in detail the topic of automatic defence systems, which use can be categorized in terms of criminal law as the necessary defence. The problems with these devices necessarily...
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