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The concept and legal consequence of the excessive use of self-defence and necessity
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Císařová, Dagmar (referee)
The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress Diploma thesis called "The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress" is based on Criminal Code, Act N. 40/2009 Coll., as applicable to 1 December, 2011. The thesis deals with legitimate self-defense and distress, as two circumstances excluding illegality, which belong to basic human rights, that everyone can by himself avert attack or danger threatening his interest protected by the Criminal Code. Thesis's insight of legitimate self-defense and distress is based on situations when person exceeds allowable bounds of legitimate self-defense and distress, and it's behavior becomes lawless and punishable. First part deals with circumstances excluding illegality as a term including legitimate self-defense and distress. Second part is based on actual characteristic and conditions of legitimate self-defense, together with specification of statutory legal limits of behavior in legitimate self-defense and distress. In following third part concepts of exceeding limits of legitimate self-defense and distress are analyzed in detail. There is a description how acting person can extravagate these limits. Nonobservance of time limits,...
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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 concept and legal consequences of the transgression of the limits of self-defense and necessity
Baran, Zbyněk ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...
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The meaning of the case law for the application of necessity and necessary defence
Drnková, Lucie ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
The meaning of the case law for the application of necessity and necessary defence The thesis itself is focused on the points at issue of the meaning of the case law for the application of necessity and necessary defence mainly in the field of Czech criminal law, although some partial issues are also compared to the foreign legislation. In compliance with the title of the work author's attention is dedicated in the first place to the conditions and limits of both those institutes and their reflection in the judicature (considering the development of those tasks, that are currently believed to be disputable), futhther, the law theory is described. The thesis is composed of eight chapters, from which the first forms as an introduction, where the goals and approaches are indicated. The last, eight section summarizes the outcomes and conclusions of the thesis and also serves as a recommendation of some useful legislative changes that can be done in the future. The Second Chapter talks about the role of the case law and its meaning in the field of criminal law, characterizing the impact of judicature for the legal practice in the first place. Also the terminology used throughout the whole work is laid down, while claryfiing the basic terms applied lately. The following Chapter Three serves as an...
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Criminal defences in Czech and Irish criminal law
Kubíčková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal defences in Czech and Irish criminal law This thesis deals with the analysis of individual elements of criminal defences under the Czech and Irish criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of this thesis is to render an overview concerning the distinctions and similarities in understanding, importance and operating of the defences in different law systems, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. Regarding the fact that Czech and Irish systems of law are subsumed under different legal systems, particular institutes of criminal defences cannot be based on the same rules, principles and theoretical grounds. It shall be noted, that while Czech criminal law is mainly to be found in a single piece of legislation known as the Criminal Law Act, Irish criminal law on the other hand not only has a separate statutory legislation, but also mainly depends on common law. The subject has been processed under consideration of the present-day legal regulation, whereas particular legal institutes are structured in compliance with the structure of the Czech Criminal Law Act. The topics of origin and development of defences has intentionally not been...
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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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The concept and legal consequences of exceeding the limits of self-defence and necessity
Židová, Markéta ; Mulák, Jiří (referee)
This thesis concerns the topic of exceeding the limits of self-defence and necessity and related legal consequences. Although the concepts of self-defence and necessity exist also in other legal branches, this thesis is focused primarily on criminal law. The aim is to define the concept of excess of the limits of self-defence and necessity, including the individual types of excess, and to provide a comprehensive overview of both general and special legal consequences that can arise in case of an excess. Furthermore, this thesis strives to answer the question whether the current Criminal Code allows for all the specific circumstances of cases in which the defendant fulfils an offence definition while exceeding the limits of self-defence or necessity to be duly taken into account. First, this thesis deals generally with the topic of defences and the concept of self-defence and necessity and then analyses in detail the limits and conditions of these concepts as this matter is closely connected with the topic of excess. The crucial parts of the thesis are part three and four. The third part focuses on defining the concept of excess and its characteristics, analysing the fault element of an excess and describing the individual types of excess of self- defence and necessity limits. The fourth part deals...
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The concept and legal consequences of exceeding the limits of self-defence and necessity
Židová, Markéta ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis concerns the topic of exceeding the limits of self-defence and necessity and related legal consequences. Although the concepts of self-defence and necessity exist also in other legal branches, this thesis is focused primarily on criminal law. The aim is to define the concept of excess of the limits of self-defence and necessity, including the individual types of excess, and to provide a comprehensive overview of both general and special legal consequences that can arise in case of an excess. Furthermore, this thesis strives to answer the question whether the current Criminal Code allows for all the specific circumstances of cases in which the defendant fulfils an offence definition while exceeding the limits of self-defence or necessity to be duly taken into account. First, this thesis deals generally with the topic of defences and the concept of self-defence and necessity and then analyses in detail the limits and conditions of these concepts as this matter is closely connected with the topic of excess. The crucial parts of the thesis are part three and four. The third part focuses on defining the concept of excess and its characteristics, analysing the fault element of an excess and describing the individual types of excess of self- defence and necessity limits. The fourth part deals...
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The term and legal consequences of exceeding the limits of extreme necessity and necessary defence
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The term and legal consequences of exceeding the limits of extreme necessity and necessary defence Abstract This thesis deals with the concept and legal consequences of exceeding the limits of extreme necessity and necessary defence, i.e. two conditions precluding the illegality of an act, which can be found in Chapter III of the current Criminal Code. Those conditions preclude the illegality of an act that would normally be illegal, because an act under those conditions is generally desirable in order to defend the interests protected by the Criminal Code. With the absence of illegality, acts under one of the conditions precluding illegality do not at all result in the commission of a criminal offence, which in case of extreme necessity and necessary defence, allow people to defend themselves at times when the state does not provide them protection against a certain danger or attack. However, if the statutory limits of these conditions precluding illegality are exceeded, the illegality will not be eliminated and a criminal offence will be committed. The main purpose of this thesis is to analyse the Czech legislation related to extreme necessity and necessary defence in terms of its limits. In particular, it aims to reveal the shortcomings of the legislation and offer solutions. The goals and structure of...
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