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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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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....
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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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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.
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