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The concept and legal consequences of exceeding the limits of self defense and necessity
Vedra, Jan ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
The presented diploma thesis deals with the criminal law institute of circumstances excluding illegality, specifically the thesis is devoted to necessity and self defense. In the introductory chapters of the thesis, the traditional institute of criminal law, included among the foundations of criminal responsibility, is introduced and placed in the context of the formal concept of crime in the Czech legal regulation of criminal law. Furthermore, the very concept of circumstances excluding illegality is introduced, of which necessity and self defense are then examined. Individual conditions that trigger a state of necessity are thoroughly examined and assessed, respectively. as well as self defense, and subsequently the very limits of action in these states. After determining the limits of necessity and self defense, the thesis moves on to the next part, where cases of deviating from the limits of both of these instruments are pointed out, namely largo sensu, i.e. exceeding in the sense of acting outside these states, and further exceeding the limits of given actions, also referred to as exceeding the limits of necessity and self defense stricto sensu. In the following passages, the thesis focuses on the definition of the specific legal consequences of deviating from the limits of pre-prescribed...
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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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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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Contentious issues of necessary defence in judicial practise
Gilar, Viktor ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Disputable questions of necessary defence in judicial practice Abstract This diploma thesis deals with disputable questions of necessary defence in judicial practice. The first part of the diploma thesis focuses more closely on the theoretical concept of necessary defence, as a circumstance excluding illegality, when it has been found out that the necessary conditions of the necessary defence are the existence of an ongoing or imminent attack, which must be directed against an interest protected by criminal law, while the attack must be unlawful and genuine, when the defence must not be quite manifestly unreasonable. There are cases of deviating from the limits of necessary defence, which are called excess intensive or excess extensive, described here as well. The second part of this diploma thesis deals with the importance of judicial practice in criminal law and individual selected disputable questions in the necessary defence solved in judicial practice. There are individual samples of court decisions, in the "casebook" style, where an individual case is always described, both factually and legally, containing legal sentences as well as important, practical and interesting extracts from court decisions. Among the resolved disputed questions are the question of the subsidiarity of necessary defence, the...
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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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The concept and legal consequence of the excessive use of self-defence and necessity
Šimeček, Lukáš ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
THE NOTION AND LEGAL CONSEQUENCES OF EXCEEDING THE NEED FOR SELF-DEFENSE AND DESTITUTION The subject of this thesis are the notion and the legal consequences of exceeding the need for self-defense and destitution (excess). Both of those situations exclude illegality in the case of fulfillment of certain conditions assuring the right of an individual defend him-self in case of an attack, in other words in situations where there is a threat to interests protected by the criminal statute. The consequence of the fulfillment of the conditions of destitution and self- defense is the exclusion not only of criminal liability of the defendant but equally the illegality of his act. In these situations, we therefore are not dealing with a criminal act. This characteristic therefore in consequence makes destitute and self-defense into notions of great importance in the area of criminal liability. The aim of this thesis is to focus on both of the notions mentioned above, mainly in regard of situations where we are faced with the exceeding of the allowed limits and therefore to fully elaborate on and detail the parameters of the notion of excess and the legal consequences linked to it. The term excess will be regarded from the point of view of theories, legal treatment and jurisprudence, as their approach and...
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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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Self-defense - Comparison of Czech Law with the Model Penal Code of the United States and Common Law
Hofmanová, Štěpánka ; Bohuslav, Lukáš (referee)
This thesis aims to define the differences between the concept of self-defense under the criminal law of the Czech Republic and the United States of America, to assess their practical implications and propose possible recommendations de lege ferenda for the Czech legislation. Within the United States, the thesis further distinguishes between the concept of self-defense under the common law and the so-called Model Criminal Code, which together with the common law represents one of the most important sources of US criminal law. The thesis first compares the differences between the Continental and Anglo-American legal system, from which the respective national legal systems derive. Next part of the thesis further characterizes the Czech and American legal system, especially with regard to the status of criminal law and the role of jurisprudence within it. Particular attention is paid to the division of US legal system into federal and state, and the related issues of the organization of the judiciary and the system of precedents between various judicial bodies. This part then further introduces the aforementioned Model Criminal Code, which presents a compilation of the views of high-profile experts in the field of criminal law regarding the ideal form of criminal substantive law in the United States....
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