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The term and legal consequences of exceeding the limits of extreme necessity and necessary defence
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The term and legal consequences of exceeding the limits of extreme necessity and necessary defence Abstract This thesis deals with the concept and legal consequences of exceeding the limits of extreme necessity and necessary defence, i.e. two conditions precluding the illegality of an act, which can be found in Chapter III of the current Criminal Code. Those conditions preclude the illegality of an act that would normally be illegal, because an act under those conditions is generally desirable in order to defend the interests protected by the Criminal Code. With the absence of illegality, acts under one of the conditions precluding illegality do not at all result in the commission of a criminal offence, which in case of extreme necessity and necessary defence, allow people to defend themselves at times when the state does not provide them protection against a certain danger or attack. However, if the statutory limits of these conditions precluding illegality are exceeded, the illegality will not be eliminated and a criminal offence will be committed. The main purpose of this thesis is to analyse the Czech legislation related to extreme necessity and necessary defence in terms of its limits. In particular, it aims to reveal the shortcomings of the legislation and offer solutions. The goals and structure of...
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