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The Concept and Legal Consequences of Self-defence and Necessity Limit Excess
Kubálková, Kristýna ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
1 The Concept and Legal Consequences of Self-defence and Necessity Limit Excess Abstract The diploma thesis deals with the institutions of self-defence and necessity included into the justification. The purpose of both these institutions is to deprive of culpability such an activity that averts a danger threatening the interests protected by the penal code under such circumstances where the state fails to fulfil its task or is unable to fulfil it through its bodies. The aim of the thesis is to classify the conditions and limits of both institutions and the consequences of their excess, whereas the accent is placed on particular cases from the practice of the courts. The diploma thesis is divided into four parts. The first part deals with the concepts of a criminal act and unlawfulness, that are essential for understanding the issue as the whole. This part then summarises concisely all the circumstances of the justification. The second, most extensive part of the thesis, deals in details with self-defence. It explains the individual concepts and the conditions given by the self- defence provisions, whereas the accent is places on the excess of their limits. Various excess limits are mentioned, which are probable to happen; for better understanding, they are illustrated by the concrete court decisions. The...
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Concepts and legal consequences of an excessive use of self-defence and necessity
Procházková, Lucie ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
The concept and legal consequences of excessive self-defense and necessity Abstract The presented master's thesis deals with the criminal law institutes of self-defense and necessity, especially their legal conditions and legal consequences associated with their violation. In the system of Czech criminal law, both institutes hold a place among the explicitly regulated circumstances excluding criminal liability. They are significant institutions that enable anyone to protect their legitimate interests or the legitimate interests of others, the state, or society as a whole when these interests are threatened by a certain danger, and the competent authorities are unable to ensure their proper protection. The fact that an act was committed in a situation of necessity or self-defense excludes the unlawfulness of such conduct and, consequently, the criminal punishment associated with it. However, for such conduct to be considered permissible and beneficial for society, it is essential that the conditions and limits stipulated by the criminal code for actions in necessity and self-defense are met. The aim of this work is to comprehensively analyze these individual conditions and limits, and subsequently define the concept and different types of excess in necessity and self-defense. The thesis also thoroughly...
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Medical and sanitary staff reaction on physical attack in a health-care institution
KÁCHA, Vojtěch
This bachelor thesis deals with the matter of physical attack on medical personnel in health-care institution, especially on the emergency unit. Medical staff can get into confrontation with pacient, who can be influenced by drugs, alcohol, serious mental illness, or by difficult life situation, which evoke conflict behavior. This confrontation then can be dangerous for safety of health workers, but also their patients. Theoretical part will be based on characteristics of violence, agression and theoretical methodology during encounter with agressive pacient. Study define violence and it´s categories. It also shows resolving methods already escalated confrontation. In practical part study searches and compares aggression resolution between two regional and two district hospitals. It mainly identifies, which techniques health-care institution workers use in order to prevent physical attack from patient, then how health-care workers react to it and also how often do they encounter verbal and physical aggression during their shift. For this research the qualitative technique, along side with inquiring method and in-depth conversation will be used, whereas the research sample is going to be medical staff on the emergency department i.e. nurses and paramedics. Result of the study shows, that health-care workers are in contact with verbal aggression almost every workshift, with physical then only occasionally, eventhough the number of cases have grown. Result of thesis tells, that there is bigger number of cases in district hospitals, than,logically, in regional hospitals, especially because of higher number of patients in district hospitals. But in percentage sign it could be told, that the number is same, no matter the location. The more the health-care personnel are in contact with aggressive behavior, the more they had to adapt to it. And so if they notice, that the situation cannot be deescalated, they will rather call for security service of the hospital, or for the police, so they would not have to risk their own, or the patients' health. But primarily they are trying to handle the situation with principles of correct communication. Unsettling discovery is, that patients' conflict behavior is for hospital personnel on daily basis and it is no longer suprising for them. Prevalence It seems, that for society agrressive behavior became standart way of how to achieve it's goals. There should be enough attention for society to realise, that aggressive Aggression prevalence in hospital instituon points to more komplex society problem, where aggressive behavior is more and more seen as legitimate way, of achieving goals. Study is warning before aggressive prevalence in healt-care institutions. Solution of this problem stands on cooperation of several pillars. Hospital headquarters should provide enough safety for their workers and patients from aggressors and also organise educational programs about correct approach towards aggressive people a eventually elementary courses of self-defence, if needed. These results should also alarm media companies, which should aim for primary prevention a should actively draw attention and convey people about that there is no place for aggression in health-care instition without legitimate reason, because resolution of conflicts is exactly what holds off personnel from providing quality and effective health-care.
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Self defense for medical rescuers
ŠILHAVÝ, Václav
Bachelor thesis titled "Self-defence for paramedics" concerns itself with opportunities of self-defence of paramedics in the Czech Republic. In the theoretical part this work focuses on contemporary structure of ambulance service and a composition of the ambulance crews in the Czech Republic. It also defines the "self-defence" term and delimits the difference between martial art and self-defence, its aspects and divisions. The theoretical base of the work also considers the psychological factors of the self-defence, explains the conflict and aggression and describes a body stress reaction. It also defines the legal terms related to the self-defence issues. The final chapter of the theoretical part shows model principles used in self-defence by J. Cooper. Practical part was elaborated in a form of qualitative research using the half-structured interview method. There is a comparation of the statements of nine members of the paramedic team in the South-bohemia. The major target of this work is establishing the statements of paramedics for self-defence and discover a level and possibilities of paramedic self-defence. Using these targets there were established two research questions: Which possibilities offers an employer in this area? Which possibilities do paramedics use and on which level? The research results show, that just a minimum of the informants concerns themselves with a self-defence. It can be caused by low appearance of aggressive patient contact. The most of informants mentioned that they experienced attacks very rarely. The employer does not provide any possibilities to improve the self-defence skills and level of their skills is not high, despite the fact that they get through some education during their studies. According the research the majority of the informants would like to attend any course or educate themselves in this area. This thesis could be used like a base for another research or like an educational text for final year students of paramedic programme.
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The conceptandlegalconsequencesofthetransgressionofthelimitsofself-defenceand necessity
Jelínek, Tomáš ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The presented diploma thesis deals with the concepts of self-defence and necessity and their position as legal institutions within the framework of the Czech criminal law, as well as the consequences of the transgression of their limits as defined by the legislation. Both self-defence and necessity are categorised among the circumstances precluding lia- bility and share the essence of creating a legal scope under which the regular addressees of the legal norms are allowed to defend their own interests or interests of the society as a whole, provided that the interests in question are themselves protected by the legal system. Such defence is generally permissible in the situations of immediate unavailabi- lity of an intervention from the side of a public authority, or in the cases when such re- action would be severely delayed to the point of ineffectiveness. It is for this reason that the aforementioned legal institutions enable specific forms of behaviour which would be considered reprehensible, and thus sanctionable by law under the regular circumstances. The objective of this thesis is to first provide an analysis of the boundaries of le- gality of behaviour under self-defense and necessity according to the current state of the legislation both in the strict sense, i.e. by interpreting the...
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Lawfull use of force
Lipert, Jan ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
of my Master's degree thesis in English Lawful use of firearms The purpose of my paper is to draw attention to the lawful use of firearms in self- defence. The relation between the lawful use of firearms and self-defence is not explained sufficiently today. For example, it is not clear in what situations police officers have authority to act in self-defence and what their liability would be should they exceed the regulation of lawful use of firearms. The author offers possible solutions to this issue and describes their consequences. The paper is composed of three chapters. Introduction brings the reader into the issue. First chapter serves as an extension to the introductory part and defines basic terminology used in the paper such as defences, necessity, self-defence, dangerous offender, lawful use of firearms. Chapter Two deals with relevant international, constitutional and statutory legislation with a focus on the lawful use of firearms and its regulation. Chapter Three introduces basic knowledge from practice split into rulings and case studies. Author of this Master's degree thesis searched and chose the most relevant rulings with relation to the lawful use of firearms. Case studies include two cases of lawful use of firearms by the Police to which the author had access. Chapter Four looks...
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Controversial issues of self-defence in Czech case law
Houzar, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The focus of the thesis is set on the controversial issues connected with a legal institute of Czech criminal law called "self-defence", and how these controversial issues were dealt with within judicial practice. The first chapter serves as an introduction to the whole topic. The second chapter describes the concept of self-defence, as well as its prerequisites. The self- defence was classed into the system of criminal law. The goal of the third chapter is to define preconditions which are necessary in connection with application of the self-defence institute. The main parts of this chapter describe firstly attacking, first of all and secondly defence. Subsections of this chapter analyse the term of attacking itself, the attacker and his characteristics, the term of harmfulness of such attacks towards society. As for the second part of the third chapter it focuses on the defence itself, its proportionality etc. The fourth chapter is about the role of judicial practice within the context of Czech legal system. This chapter serves as a relevant contribution to the main part of the thesis, which is chapter five. Chapter five introduces specific cases, especially those which were at some point controversial. The specific case is briefly described and the controversial issue is named and further...
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