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The institute of allowable risk with focus on the area of health care
Vojtěchová, Eliška ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
The institute of allowable risk with focus on the area of health care Abstract The topic of this thesis is the institute of allowable risk in health care, i.e. one of the expressly stated circumstances excluding unlawfullness in the Czech Criminal Code. At first, this thesis deals in general with the definition of unlawfullness, with expressly stated circumstances excluding unlawfullness in the Criminal Code in its general and special part and subsequently with circumstances excluding unlawfullness not expressly stated. In the next part, this thesis contains the international and constitutional law basis for the right for life and health, untouchability of a person and scientific research liberty. Third main part of this thesis is devoted to a detailed study of allowable risk in the area of health care. At first, attention is given to positive description of allowable risk, i.e. benefit for the society, definition of risk, exercise in the course of employment or post, subsidiarity of risky conduct and term achieved state of knowledge - term and advancement de lege artis. After positive characteristics, description of negative characteristics of allowable risk follows, i.e. of free and informed consent and its absence, proportionality principle, contradiction with a legal regulation, public interest,...
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Tolerable risk
Müller, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Tolerable risk Abstract The theme of this diploma thesis is a tolerable risk (or allowable risk) as one of the circumstances excluding illegality in the Czech criminal law. The introductory chapter is devoted to the general principles of the circumstances excluding illegality, related institutes and to the ultima ratio principle meaning that criminal liability is a last resort. Furthermore, the individual circumstances excluding illegality and their mutual relations are examined, as we can observe similar or even identical building blocks between the circumstances definitions, which make them very similar to each other so that lay people are sometimes unable to distinguish them from one another. The following chapter deals with the tolerable risk itself - its history in Czechoslovakia and later Czechia until its explicit inclusion in the Criminal code from 2009, analysis of the current legal definition and details of individual elements that the Criminal code requires for undertaking a risk. It is also compared with foreign countries (Slovak and Polish) law, as these two states penal codes include similar articles about tolerable risk. Finally, the thesis deals with two specific fields of human activity which are frequently associated with tolerable risk - sport and health care. Pointed out are their...
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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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Admissibled risk
Špornová, Veronika ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Permissible risk (Abstract) Topic of this thesis is permissible risk which is one of circumstances excluding the illegality in czech law. Text is divided into eight main parts. In first chapters history of permissible risk and circumstances excluding the ellegality are explained, then the relation between them is being discused. After first chapters that are about permissible risk in general, special parts come - permissible risk in health service, sports and economy. In each of this fields same topics are considered - special subject, acting lege artis, common good and relation between risk and the goal expected. Last part of this theses summons circumstances of permissible risk and asks a question whether it is necessary to have permissible risk in czech penal code.
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Tolerable risk in Criminal Law
Hendrych, Lukáš ; Šámal, Pavel (advisor) ; Pelc, Vladimír (referee)
Tolerable risk in criminal law Abstract This rigorous thesis focuses on an issue of tolerable risk in criminal law. The institute of tolerable risk in criminal is one of the most recent circumstances excluding illegality, which are defined in the Czech Criminal Code. Until its legal definition in the Criminal Code, the tolerable risk was inferred only by legal theory and practice. The tolerable risk is now ambedded in the provisions of Section 31 of the Criminal Code. Tolerable risk is an effective tool for conducting research, for experimenting in science and it can be also applied in medicine, business and sport. It is crucial for the institute of tolerable risk to set boundaries, because an overly liberal approach to defining limits of tolerable risk can lead to a gambling and reckless conduct of individuals. On the other hand, too restrictive definition of tolerable risk limits can restrain the scientific and technological progress and individual creativity in general. This thesis performs an analysis of the institute of tolerable risk in criminal law. Primarily, it deals with the system of circumstances precluding illegality and provides a brief list and description of other circumstances precluding illegality. In the following chapters, it discusses the historical development of acceptable risk in the...
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Tolerable risk
Nováková, Denisa ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Tolerable risk Abstract The thesis deals with the topic of tolerable risk. Tolerable risk is a type of criminal defense that has first appeared in the Penal Code, Act No. 40/2009 Coll. Today, after almost ten years since the it came into effect, is the time to summarize the practical use of this institute. Chapter One outlines the types of criminal defenses and looks at the position that tolerable risk takes among them. Chapter Two offers a historical viewon the development of tolerable risk as an institute; first showing how it had been inferred from doctrine and then how the final version of tolerable risk, implemented in the Penal Code, was found. Chapter Three analyses the constructional features of tolerable risk; that means the conditions to be met in order to apply this criminal defense. Chapter Four compares tolerable risk with other criminal defenses, both legally defined (self-defense, necessity, consent, legitimate use of the weapon) and also not legally defined (fulfillment of obligation, exercise of entitlement, performance of a profession). Chapters five, six and sevendeal with the most common areas in which tolerable risk is employed. These areas are healthcare (Chapter Five), economy (Chapter Six) and sport (Chapter Seven).These three chapters focus on those components of tolerable risk that...
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Circumstances excluding illegality
Bláha, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Rigorous thesis mainly proposes a legal analysis of the circumstances excluding illegality contained in the penal code and other related issues. Thesis is especially about private defence, exigency, compliance, tolerable risk and lawful use of a weapon. The first part deals with the historical development of the circumstances excluding illegality, followed by a comprehensive analysis of current legislation and the work concludes fundamental analysis of German law. In the crucial part of the thesis, which deals with applicable law, is noticeable emphasis on the fact that the interpretation links to relevant case law. This is especially true in the case of exigency and private defense as the two most frequently occurring circumstances excluding illegality. Rigorous thesis also includes an excursus into the realm of sports, because one of the chapters focuses more on application of individual facts in issue of the circumstances excluding illegality in sports law.
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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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Admissibled risk
Špornová, Veronika ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Permissible risk (Abstract) Topic of this thesis is permissible risk which is one of circumstances excluding the illegality in czech law. Text is divided into eight main parts. In first chapters history of permissible risk and circumstances excluding the ellegality are explained, then the relation between them is being discused. After first chapters that are about permissible risk in general, special parts come - permissible risk in health service, sports and economy. In each of this fields same topics are considered - special subject, acting lege artis, common good and relation between risk and the goal expected. Last part of this theses summons circumstances of permissible risk and asks a question whether it is necessary to have permissible risk in czech penal code.
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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.
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