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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Schöberová, Sandra ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
This work deals with failure to provide assistance. This is a very complex and extensive topic related to everyday life each of us. Often there are issues regarding the interpretation of certain concepts. Addressing these questions provides case law. The most contentious issues occur in relation to the areas of health . Failure to provide assistance is not just a matter of law , but relates to many other social sciences and disciplines . Although the failure to provide assistance in this work mainly deal with in terms of criminal law, I outlined a lot of problems incorrectly . Typically it is the ignorance of first aid and, unfortunately, more often by human indifference. Therefore, I consider that the solution to the problem lies more in each of us than in the hands of lawmakers.
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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Rymlová, Silvie ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Debatable cases of failure to provide assistance in Czech court case law The thesis focuses on crimes of failure to provide assistance and related case law of Czech courts. The thesis consists of two main parts. First part deals with explaining of three basic Acta Reus of crimes of failure to provide assistance, their common features and their differences. First chapter and its sub-chapters discuss problematic areas related to cases of failure to provide assistance. These include: the general and special duty to rescue; attempts of rescue in cases of failure to provide assistance; and questions related to committing of other crimes concurrently with failure to provide assistance. Furthermore, the first chapter explains the most important concept in questions of failure to provide assistance which is the concept of 'duty to rescue'. It goes on to explain additional concepts such as 'endangering oneself or others', 'profession-based duty to rescue', 'damage to health', 'vehicle driver' and 'traffic collision'. The first part of thesis is concluded with overview of changes in Czech (and Czechoslovakian) legislation since 1950 related to crimes of failure to provide assistance. Second part is dedicated to court case law, systematically divided by their major topic into five chapters. These chapters and...
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The Criminal Offence of Failure to Provide Assistance in the Context of Healthcare
Cimlerová, Jana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Criminal Offence of Failure to Provide Assistance in the Context of Healthcare Abstract The diploma thesis deals with the specifics of the criminal offence of failure to provide assistance which arise when the perpetrator is a healthcare worker. The thesis analyses the conditions under which the obligation to provide assistance arises from affiliation to a healthcare profession applies, and the content of this obligation. Given that the exercise of a healthcare profession is an activity significantly regulated by non-criminal regulations, the obligation in question is interpreted in the context of the entire legal order. The initial proposition is that the obligation in question is narrower than literal interpretation of criminal law provisions may imply, if interpreted in isolation. Contrary to the general assumption, both the range of persons to whom the provision applies, as well as the conditions under which the obligation arises, and quality of the required level of the assistance, are limited. In its first part, the paper first deals with the definition of key terms (with focus on the concept of a healthcare worker) and defines the basic obligations that the legal system imposes on healthcare workers. The subsequent part is devoted to explications of the criminal offence of failure to provide...
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Omissive Offences
Fridrichová, Alžběta ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
1 Omissive offences Abstract This diploma thesis addresses the issue of omissive offences in the Czech criminal law with regard to the legislation of Germany. Given the little attention paid to this topic in the Czech Republic, the aim of this thesis is to provide the reader with a comprehensive view of the omission in Czech criminal law in the context of contemporary legal literature, case law, and relevant legislation, including critical review of the most controversial aspects of the current regulation. In the beginning, the thesis focuses on the characteristics of the offence and its individual features with an emphasis on the objective aspects of the offence, which is essential for determination of the form of action. This is followed by a detailed historical excursion into the antecedent legislation of omissions in our country, from the time of Austria- Hungary, to the unsuccessful efforts to reform the criminal law during the First Republic, followed by methodically elaborated criminal codes from the period of totalitarianism to the fine government draft of the Criminal Code from the turn of the millennium. The core of this thesis is the third chapter dealing with the valid regulation of omission and categorization of omissive offences to the authentic (genuine) and the inauthentic, while...
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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Rymlová, Silvie ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Debatable cases of failure to provide assistance in Czech court case law The thesis focuses on crimes of failure to provide assistance and related case law of Czech courts. The thesis consists of two main parts. First part deals with explaining of three basic Acta Reus of crimes of failure to provide assistance, their common features and their differences. First chapter and its sub-chapters discuss problematic areas related to cases of failure to provide assistance. These include: the general and special duty to rescue; attempts of rescue in cases of failure to provide assistance; and questions related to committing of other crimes concurrently with failure to provide assistance. Furthermore, the first chapter explains the most important concept in questions of failure to provide assistance which is the concept of 'duty to rescue'. It goes on to explain additional concepts such as 'endangering oneself or others', 'profession-based duty to rescue', 'damage to health', 'vehicle driver' and 'traffic collision'. The first part of thesis is concluded with overview of changes in Czech (and Czechoslovakian) legislation since 1950 related to crimes of failure to provide assistance. Second part is dedicated to court case law, systematically divided by their major topic into five chapters. These chapters and...
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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Schöberová, Sandra ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
This work deals with failure to provide assistance. This is a very complex and extensive topic related to everyday life each of us. Often there are issues regarding the interpretation of certain concepts. Addressing these questions provides case law. The most contentious issues occur in relation to the areas of health . Failure to provide assistance is not just a matter of law , but relates to many other social sciences and disciplines . Although the failure to provide assistance in this work mainly deal with in terms of criminal law, I outlined a lot of problems incorrectly . Typically it is the ignorance of first aid and, unfortunately, more often by human indifference. Therefore, I consider that the solution to the problem lies more in each of us than in the hands of lawmakers.
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