|
|
The Criminal Offence of Failure to Provide Assistance in the Context of Healthcare
Cimlerová, Jana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Criminal Offence of Failure to Provide Assistance in the Context of Healthcare Abstract The diploma thesis deals with the specifics of the criminal offence of failure to provide assistance which arise when the perpetrator is a healthcare worker. The thesis analyses the conditions under which the obligation to provide assistance arises from affiliation to a healthcare profession applies, and the content of this obligation. Given that the exercise of a healthcare profession is an activity significantly regulated by non-criminal regulations, the obligation in question is interpreted in the context of the entire legal order. The initial proposition is that the obligation in question is narrower than literal interpretation of criminal law provisions may imply, if interpreted in isolation. Contrary to the general assumption, both the range of persons to whom the provision applies, as well as the conditions under which the obligation arises, and quality of the required level of the assistance, are limited. In its first part, the paper first deals with the definition of key terms (with focus on the concept of a healthcare worker) and defines the basic obligations that the legal system imposes on healthcare workers. The subsequent part is devoted to explications of the criminal offence of failure to provide...
|
|
|
Omissive Offences
Fridrichová, Alžběta ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
1 Omissive offences Abstract This diploma thesis addresses the issue of omissive offences in the Czech criminal law with regard to the legislation of Germany. Given the little attention paid to this topic in the Czech Republic, the aim of this thesis is to provide the reader with a comprehensive view of the omission in Czech criminal law in the context of contemporary legal literature, case law, and relevant legislation, including critical review of the most controversial aspects of the current regulation. In the beginning, the thesis focuses on the characteristics of the offence and its individual features with an emphasis on the objective aspects of the offence, which is essential for determination of the form of action. This is followed by a detailed historical excursion into the antecedent legislation of omissions in our country, from the time of Austria- Hungary, to the unsuccessful efforts to reform the criminal law during the First Republic, followed by methodically elaborated criminal codes from the period of totalitarianism to the fine government draft of the Criminal Code from the turn of the millennium. The core of this thesis is the third chapter dealing with the valid regulation of omission and categorization of omissive offences to the authentic (genuine) and the inauthentic, while...
|
guest ::
