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Allowable risk
Šorf, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The topic of this diploma thesis is allowable risk and its impact as a potential circumstance excluding liability. Czech law system takes into account tolerable risk as a circumstance excluding liability which this thesis is substantially focused on. At the beginning of the thesis circumstances excluding liability are defined in order to compare specifics of the tolerable risk institute. Briefly it analyzes some basic criminal law questions related to the thesis subject including concept of crime or errors in circumstances excluding liability. Next chapters deal with legal and general definition of tolerable risk and historical development of this issue in our law environment, including work of August Miřička, probably the first Czech lawyer addressing this issue. Further questions are suggested in these chapters. These questions are derived from legal status of tolerable risk and are thoroughly discussed in separate chapters for each sector. Legislator did not restrict sectors of usage explicitly. If conditions stated in the criminal code are fulfilled, tolerable risk can be always used. Although the thesis focuses on sectors in which risk has been proven usable, potential list of fields of application is not totally exhausting. I also evaluate suitability of the definition of tolerable risk in...
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CIRCUMSTANCES EXCLUDING THE ILLEGALITY
HAUER, František
This work provides a comprehensive look at the issues and current concepts of circumstances precluding unlawfulness in the Czech Republic, which are defined in the Criminal Code No. 140/1961 Coll. valid until 31.12.2009 (necessary defense, exigency, legitimate use of weapons).The purpose of this work is to create the practical tools for citizens of our country how to behave and act in situations of the immediate danger to their property, health or life, or other rights and freedoms declared by the Charter of Fundamental Rights and Freedoms, in the context of immediate unlawful conduct of other persons.In this thesis there are gradually given various conditions which the attack must meet, the risk of defending against unlawful conduct and this act itself could be considered by the competent authorities as an act within the limits of the particular circumstances excluding the unlawfulness. The decisions of law enforcement bodies present their approach to this issue. It also includes a view of the installation of automatic defense equipment, the use and installation is currently not regulated by law as an effective means to protect their property. Due to the upcoming of the new Penal Code No. 40/2009 Coll., As amended, at work there is also a chapter by circumstances precluding unlawfulness de lege ferenda under the Criminal Code with the consideration of their other possible legislation. In the fifth chapter is a comparison made these circumstances with foreign legislation.
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