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National Repository of Grey Literature 1 records found  Search took 0.00 seconds. 
The concept and legal consequence of the excessive use of self-defence and necessity
 Tušiaková, Kateřina ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
The concept and legal consequence of the excessive use of self-defence and necessity A principal theme of this diploma thesis is the institute of necessity and self-defence - two circumstances precluding wrongfulness which represent the essential criminal law means enabling citizens through the conduct to protect their and third parties' interest should their rights be endangered. It is not within the power of the state to efficiently defend citizens from all danger and attacks which are aimed against them and, therefore, the institute of necessity and self-defence plays a significant and exceptional role in the society. The Criminal Code provides within the meaning of Sections 28 and 29 the protection only to those who - while averting a directly imminent danger or a directly imminent or pending attack against the interest protected by the Criminal Code - satisfy the statutory requirements. Only such conduct is lawful, beneficial to the society and does not involve the illegality as attribute of crime. By establishing the statutory conditions of the conduct satisfying necessity and self- defence the legislature expressed that the state of danger does not enable discretion on the part of a defender and the rights of an attacker needs, to a certain extent, be preserved. The ramification of a breach...
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