|
|
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,...
|
|
|
Legal Defenses under Czech and German Criminal Law
Horský, Jiří ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The thesis addresses the analysis and comparison of individual elements of defenses under Czech and German criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of the thesis was to render overview concerning the distinctions in the defenses, provided that these are based on common reasoning, are generally acknowledged and theoretically elaborated, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. The fact that the defenses are mutually close in their character and meaning within both legal systems was a major prerequisite for the thesis. The thesis analyses the distinctions with regard to the individual preconditions of separate defenses. These distinctions are not limited only to the extent of the wording of a legal statute, they also greatly manifest in professional literature and case law. Owing to the brief and abstract nature of the respective provisions the courts and theorists developed large quantities of principles and rules which precise and sometimes even amend these provisions. The subject has been processed under consideration of the present-day legal regulation, the topics of origin and development of defenses has intentionally not been discussed....
|
|
|
The concept and legal consequence of the excessive use of self-defence and necessity
Lenc, David ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
1 Abstract THE CONCEPT AND LEGAL CONSEQUENCES OF THE TRANSGRESSION OF THE LIMITS OF SELF-DEFENCE AND NECESSITY As the name suggests, this Master's thesis examines the concept and legal consequences of transgression of the limits of self-defence and necessity. Self-defence and necessity, together with other circumstances excluding illegality, belong to the fundamentals of criminal liability. If all their conditions are fulfilled by some action, which would otherwise give raise to criminal liability, then these legal institutions exclude not only criminal liability, but also illegality of such action (i.e. such action is considered lawful). The purpose of the paper is to provide complex and understandable analysis of these two crucial legal institutions. The analysis is mainly focused on conditions of these legal institutions, which form their limits; determination of conditions which, if not met, constitute the transgression of the limits of self-defence or necessity, and content and cases of fulfilment or failure to fulfil these conditions. (Thus, the cases of the transgression of the limits of self-defence and necessity are examined.) After the analysis of such excesses, the thesis addresses specific issues connected with their legal consequences. The thesis is based on Czech legal regulation, namely the...
|
|
|
The concept and legal consequence of the excessive use of self-defence and necessity
Koňakovská, Petra ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
of my Master's degree thesis in English TERM AND LEGAL CONSEQUENCES OF EXCEEDING THE PRIVATE DEFENCE AND NECESSITY LIMITS (EXCESS) The thesis examines the legal concept and legal implications of transgression of (acting outside of) private defense and necessity. It is based on the new Criminal Code, Act N. 40/2009 Coll. In some of the comparative passages the older legal regulation is mentioned, Act N. 140/1961 Coll., the Criminal Code in particular, as well as preceding penal codes. For illustration of examined concepts and definitions every charter includes case law that deals with the legal institute of private defense and necessity. The thesis is based on the Czech legal regulation and doesn't include comparison with foreign legislation. It's been caused by the short time of effectiveness of the new Criminal code which brought several substantial changes in circumstances precluding wrongfulness of an act. Significant part of the thesis is dedicated to these innovations, e.g. new privileged the fact of criminal offence of manslaughter (§ 141 CC) and infliction of bodily harm with a justifiable motive (§ 146a CC) , new legal regulation of extraordinary reduction of the term of imprisonment (§ 58 CC) and extenuating circumstances (§ 41 CC). Essentially, the new Criminal Code as a whole brought a...
|
|
|
Contentious issues of self-defence in Czech case law
Korál, Petr ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
55 10 Abstract Controversial Issues of Necessary Defence in Case Law In this thesis I focus on the problematic issues of necessary defence (self- defence) both from the point of view of case law (where available) and law theory (in areas that have yet to be decided by courts). The second chapter describes the position of necessary defence in the systematic of Czech criminal law and defines the legal institute of necessary defence itself. Necessary defence is one of circumstances that exclude criminal liability (excuses and justifications). The substance of necessary defence is the repulsion of an imminent or pending attack on interests protected by the Criminal Code. The attack must be unlawful and harmful to the interests of society. The action of the defender must not be utterly apparently inadequate to the manner of the attack. Also the action of the defender must be intensive enough to otherwise constitute a crime. The third chapter addresses the issues of basic components of necessary defence, that is, the attack and the defensive action. The harmfulness of an attack must be at least discernible. In regards to the unlawfulness of an attack, the criterion is objective unlawfulness, that is, behaviour is unlawful if it unduly threatens interests of others, without taking into consideration of the...
|
|
|
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...
|
|
|
Utter necessity and necessary defense as illegality excluding circumstances.
ŠEFL, Richard
Theme of my thesis is the issue of necessity and self-defence as circumstances excluding illegality. In this work are these institutes characterized from the perspective of Czech law and Anglo-American law. A part of this work is historical excursion that highlights the problems of these institutions from the perspective in the course of history. This work serves us a comprehensive look at the necessity and self-defence and their issues. Part of the work is the mutual comparison of these institutions from the perspective of the law of the Czech and the Anglo-American law.
|
|
|
Circumstances Excluding Illegality
Dvořáková, Vendula ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The aim of this thesis named Circumstances excluding illegality is to define every particular circumstance listed in the Czech Criminal Code Nr. 40/2009 Sb. and every condition when it is possible to use these circumstances excluding illegality. In this thesis there are also described some court decisions concerning specific situations. The next chapter deals with kinds of punishments that can be imposed for breaking of these circumstances. In the conclusion there is a small summary with my own opinion on the current legal regulations on this matter.
|
|
|
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.
|
|
|
Justifiable offenence
SEDLÁŘ, Tomáš
Práce vytváří ucelený pohled na problematiku a současné pojetí nutné obrany v České republice, jakožto jedné z okolností vylučující protiprávnost, která je vymezena v § 13 zákona č. 140/1961 sb., trestního zákona. Smyslem práce je vytvoření praktické pomůcky občanům naší země, aby věděli jakým způsobem jednat a jak se chovat v situacích, kdy bude bezprostředně ohrožen jejich život, zdraví nebo majetek popř. i další práva a svobody deklarovaná státem, v souvislosti s bezprostředním protiprávním a úmyslným jednáním jiné osoby či osob. V práci budou postupně uvedeny jednotlivé podmínky, které musí splňovat útok (bezprostředně hrozící nebo trvající) i obranné jednání, aby toto následně mohlo být příslušnými orgány posuzováno v mezích nutné obrany. Budou popsána určitá úskalí, která s sebou obranné jednání může přinést a bude zde uvedeno několik zajímavých soudních rozhodnutí, aby bylo patrné, jakým způsobem k této problematice přistupují soudci soudů jednotlivých stupňů. Rovněž zde budou zmíněny některé psychické faktory, které mohou ovlivnit jednání obránce v souvislosti se vzniklou zátěžovou situací, zejména spojená s intenzitou použité síly, popřípadě volbou obranného prostředku použitého k odvrácení útoku. Práce bude rovněž obsahovat pohled na nutnou obranu v souvislosti s instalací automatických zabezpečovacích a zejména obranných zařízení, jejichž používání a instalace není v současné době zákonem nijak upravována. V neposlední řadě bude práce obsahovat pohled do zahraničních úprav nutné obrany. V praktické části budou metodou dotazníku zjišťovány vědomosti a názory občanů na jednání v nutné obraně.
|
guest ::
