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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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Circumstaces that eliminate lawlessness of students from opted highschool
Truhlář, Filip ; Stich, Jaroslav (advisor) ; Zdobinský, Adam (referee)
Title: Circumstances that eliminate lawlessness of students from opted highschool Objectives: The aim of this work is to find out awareness of students from opted highschool about curcumstances given that eliminate lawlessness and increase given awereness by educational intervention. Methods: This dissertation uses a quantitive method of research. The research was made by help of preexperiment design. This design works with one group whitch is exposed by intervention in that case with pretest and posttest. A questionaire survey is the method of the date collection. There were 43 individuals of 3 rd year of opted highschool (24 men and 19 women). Results: The survey showed that before educational intervention the respondents gave 48 % of correct answers on average about problems of circumstances that eliminace lawlessness. After the educational intervention there was an improvement of respondents' knowledge on average about 9,4 %. Gender didn't have an influence about awareness. The datas didn't prove relation between physical punishment during education and awareness about necessary defence. In the entrance questionaire there was higher awareness about necessary defence that in the case of an extreme emergency. Conclusion: The puspose of this dissertation was to find out the students' awareness...
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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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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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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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Contentious issues of self-defence in Czech case law
Korál, Petr ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
55 10 Abstract Controversial Issues of Necessary Defence in Case Law In this thesis I focus on the problematic issues of necessary defence (self- defence) both from the point of view of case law (where available) and law theory (in areas that have yet to be decided by courts). The second chapter describes the position of necessary defence in the systematic of Czech criminal law and defines the legal institute of necessary defence itself. Necessary defence is one of circumstances that exclude criminal liability (excuses and justifications). The substance of necessary defence is the repulsion of an imminent or pending attack on interests protected by the Criminal Code. The attack must be unlawful and harmful to the interests of society. The action of the defender must not be utterly apparently inadequate to the manner of the attack. Also the action of the defender must be intensive enough to otherwise constitute a crime. The third chapter addresses the issues of basic components of necessary defence, that is, the attack and the defensive action. The harmfulness of an attack must be at least discernible. In regards to the unlawfulness of an attack, the criterion is objective unlawfulness, that is, behaviour is unlawful if it unduly threatens interests of others, without taking into consideration of the...
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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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Criminal liability in sports area
Šír, Roman ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is dealing with the issue of a sportsman criminal liability in situations where he causes or attempts to cause injury and commits the offence against the health and life of a person. The thesis aims to describe and explain fundamental terms of the issue together with its the historical review, with regards to the autonomy of sport, the relationship of the sport rules with the legal rules of criminal law. The core part of the thesis devoted to the research of the issue with respect to relevant statutes, sport self governing rules, legal literature and judicial decisions. First part of the thesis is consisted of legal analysis on whether injury caused during sport can amount to criminal offence. Such legal analysis is conducted in a manner whereby the the individual ingredients of an offence are confronted with conduct of sportsmen. The author does not forget to apply circumstances excluding criminal liability in the field of sport injuries. The applicable circumstances are the consent of the injured, excusable risk, exercise of rights and permitted activity. The conditions for individial circumstances to apply are thoroughly analysed. These condition are confronted with the circumstances in sport`s field in light of sport injury. The thesis also deals with the theories of the criminal...
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Issues of necessary defense in jurisprudence
Smetana, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract This diploma thesis deals mainly with the issue of necessary defense in Czech law focusing on some of the disputable queries brought by its application and interpretation. The primary fixation of this thesis is on the judiciary decisions, however, the work deals with the theoretical foundations and resources of the necessary defense. The aim of this work is to introduce the matter of necessary defense, to highlight the disputable queries appearing when applied and analyze their solution. This work is divided into six chapters. First chapter names and explains particular excuse defenses. Second chapter deals with the term of necessary defense, its development and valid legislation regarding it. Third chapter brings the analysis of the self-defense itself in consideration of judiciary decisions and expert literature and examines legal conditions of its application. The chapter is furtherly divided into 3 subheads. Subhead 3.1 explains the attack, subhead 3.2 approaches the interests protected by the Penal Code and subhead 3.3 deals with the apparently unreasonable defense. Excesses from the necessary defense are described in fourth chapter. Fifth chapter deals with so called putative defense in the judiciary decisions. The last, sixth chapter focuses on the automatic defense mechanisms and defense...
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