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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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Extreme Emergency during Provision of Health Services
Vidláková, Jana ; Šolc, Martin (advisor) ; Salač, Josef (referee)
The work discusses the institute of extreme emergency in the context of the provision of health services. Its goal is to find out whether the current legal regulation of extreme emergency is sufficient for the field of health law from a practical point of view. The work analyses individual conditions of extreme emergency from the point of view of civil law. For the better understanding, it includes frequent comparisons with other legal fields. In several places, there is a comparison with foreign legislation. The work also provides an insight into the circumstances excluding illegality, which are unknown for the Czech legal system. The work is divided into four chapters. The first of them deals with the concept of illegality and the connection between civil law and criminal law regulations of circumstances excluding illegality. The second chapter presents the role of extreme emergency in the legal system. It focuses on the state of emergency in the Convention on Human Rights and Biomedicine, on the obligation to compensate for damage caused in an extreme emergency and on the apparent (putative) extreme emergency. For a closer understanding and determination of the correct approach of the courts to the extreme emergency, it analyses the decisions of the administrative courts in which health service...
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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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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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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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The concept and legal consequence of the excessive use of self-defence and necessity
Lenc, David ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
1 Abstract THE CONCEPT AND LEGAL CONSEQUENCES OF THE TRANSGRESSION OF THE LIMITS OF SELF-DEFENCE AND NECESSITY As the name suggests, this Master's thesis examines the concept and legal consequences of transgression of the limits of self-defence and necessity. Self-defence and necessity, together with other circumstances excluding illegality, belong to the fundamentals of criminal liability. If all their conditions are fulfilled by some action, which would otherwise give raise to criminal liability, then these legal institutions exclude not only criminal liability, but also illegality of such action (i.e. such action is considered lawful). The purpose of the paper is to provide complex and understandable analysis of these two crucial legal institutions. The analysis is mainly focused on conditions of these legal institutions, which form their limits; determination of conditions which, if not met, constitute the transgression of the limits of self-defence or necessity, and content and cases of fulfilment or failure to fulfil these conditions. (Thus, the cases of the transgression of the limits of self-defence and necessity are examined.) After the analysis of such excesses, the thesis addresses specific issues connected with their legal consequences. The thesis is based on Czech legal regulation, namely the...
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The concept and legal consequence of the excessive use of self-defence and necessity
Koňakovská, Petra ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
of my Master's degree thesis in English TERM AND LEGAL CONSEQUENCES OF EXCEEDING THE PRIVATE DEFENCE AND NECESSITY LIMITS (EXCESS) The thesis examines the legal concept and legal implications of transgression of (acting outside of) private defense and necessity. It is based on the new Criminal Code, Act N. 40/2009 Coll. In some of the comparative passages the older legal regulation is mentioned, Act N. 140/1961 Coll., the Criminal Code in particular, as well as preceding penal codes. For illustration of examined concepts and definitions every charter includes case law that deals with the legal institute of private defense and necessity. The thesis is based on the Czech legal regulation and doesn't include comparison with foreign legislation. It's been caused by the short time of effectiveness of the new Criminal code which brought several substantial changes in circumstances precluding wrongfulness of an act. Significant part of the thesis is dedicated to these innovations, e.g. new privileged the fact of criminal offence of manslaughter (§ 141 CC) and infliction of bodily harm with a justifiable motive (§ 146a CC) , new legal regulation of extraordinary reduction of the term of imprisonment (§ 58 CC) and extenuating circumstances (§ 41 CC). Essentially, the new Criminal Code as a whole brought a...
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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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