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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 meaning of the case law for the application of necessity and necessary defence
Drnková, Lucie ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
The meaning of the case law for the application of necessity and necessary defence The thesis itself is focused on the points at issue of the meaning of the case law for the application of necessity and necessary defence mainly in the field of Czech criminal law, although some partial issues are also compared to the foreign legislation. In compliance with the title of the work author's attention is dedicated in the first place to the conditions and limits of both those institutes and their reflection in the judicature (considering the development of those tasks, that are currently believed to be disputable), futhther, the law theory is described. The thesis is composed of eight chapters, from which the first forms as an introduction, where the goals and approaches are indicated. The last, eight section summarizes the outcomes and conclusions of the thesis and also serves as a recommendation of some useful legislative changes that can be done in the future. The Second Chapter talks about the role of the case law and its meaning in the field of criminal law, characterizing the impact of judicature for the legal practice in the first place. Also the terminology used throughout the whole work is laid down, while claryfiing the basic terms applied lately. The following Chapter Three serves as an...
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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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Contentious issues of necessary defence in judicial practise
Králová, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practice Abstract This thesis discusses necessary defence and its contentious issues which appear in judicial practice of Czech courts. It is one of the conditions precluding illegality stated in the section 29 of the Penal Code. Which means that a criminal offence is not committed if legal requirements for conduct in necessary defence are fulfilled. These requirements are that the defence should avert an impending or progressing attack to an interest protected by the Penal Code as well as not to be obviously grossly disproportionate to a manner of an attack. Necessary defence is an important institute of criminal law because it may affect everyone, and for this reason it has often appeared in the media and some cases even provokes social discussion on its legal regulation. The goal of this thesis is to analyse contentious issues appearing in court decisions such as possibility and manner of usage of a weapon or automatic defensive device, evaluation of motive to an act in necessary defence, comparison of protected interests, for example protection of life and health against protection of property or domestic freedom, consideration of an existence and a term of attack and related apparent necessary defence, the difference between mutual assault and...
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Contentious issues of necessary defence in judicial practise
Vajc, Vojtěch ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practise Abstract The subject of this thesis is necessary defence, or more precisely some of its contentious issues that have been dealt with by Czech courts within the framework of their judicial practise. The fundamental focus of the thesis lies with the judicial decisions providing solutions to these issues, emphasis, on the other hand, is not placed on doctrinal concept of the legal institute. The thesis subjects some of the judicial decisions to evaluation and comparison with other judgments. As for the structure, the thesis is divided into a total of seven chapters with regard to the elements of necessary defence that are primarily related to the issues dealt with by the judicial practice in each particular case. The first chapter presents a brief general outline of the topic, as it pursues, above all, the function of the legal institute of necessary defence, the way how it is established within the Czech law and the character of the relevant provision of the penal code. Chapter two deals with integral prerequisites or structural elements of necessary defence, specifically attacker and defender subjects, as well as attack itself. It ponders about whether someone who is not primarily targeted by an attack can be deemed a defender. The same question is...
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Necessary Defence as a Circumstance Eliminating Criminal Responsibility
NĚMCOVÁ, Petra
The thesis deals with the necessary defence from the viewpoint of the criminal law and it clarifies and explains this topic to the lay public. The main target is the creation of the complete, objective view of the issue of the necessary defence in the Czech Republic and explaining the basic aspects, concerning this issue. The contents of the thesis is the historic excursus, the individual pre-conditions of the necessary defence, excesses from its limits, and also the chapter devoted to the self-defence and prevention. Also the view of the use of the automatic defence systems in the necessary protection and the comparison with the necessary defence in the neighbouring countries is described here.
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Contentious issues of necessary defence in judicial practise
Zoubková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practise The subject of this thesis is necessary defence in Czech criminal law. Necessary defence is defined as an action which is usually considered illegal but because it is made in defence against an imminent or persistent attack on values protected by criminal law, it is not considered a crime. The law also states that the intensity of this defence cannot be clearly and obviously disproportionate to the form of the attack. This thesis focuses primarily on contentious issues that courts often deal with when they interpret and apply necessary defence in real cases. Before focusing on contentious issues this thesis first describes the basics of necessary defence. Since necessary defence is one of the circumstances excluding liability in Czech criminal law, this thesis first briefly describes these circumstances. In the next section the thesis focuses on the conditions and limits of necessary defence as they are defined in criminal law. Necessary defence is comprised of an attack and a corresponding defensive action. This section first focuses on the obligatory attributes of the attack and then on the conditions of the defence. Next this section describes the consequences of violating the limits of necessary defence and then it focuses on putative...
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Disputed Issues of the Necessary Defence in Judicial Practice
Svobodová, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Disputed Issues of the Necessary Defence in Judicial Practice Abstract The thesis focuses on the issue of necessary defense in the Czech legal system, especially on the analysis and solution of the disputed queries that arrise when applying and interpreting this issue with respect to legal regulations. The main attention is dedicated to judicial decisions, however, some of the disputable issues addressed in the criminal law theory are not neglected. The thesis is composed of six chapters, together with the chapter of the Introduction which provides the basic definition of the issue and the main purpose of the work, and the Conclusion, which presents the final reflections on the findings and concludes the work. The First Chapter deals with general basics of criminal liability, focusing in particular on the concept of illegality, since the necessary defense is among the circumstances excluding illegality, which at the same time represents a reason for excluding the criminal liability of the acting person. The very circumstances excluding criminal liability are briefly mentioned and listed in Chapter Two. The purpose of the Third Chapter was to characterize the concept of extreme distress and to distinguish it from essential elements of the necessary defence which represents its privileged case. The main part...
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The meaning of the case law for the application of necessity and necessary defence
Drnková, Lucie ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
The meaning of the case law for the application of necessity and necessary defence The thesis itself is focused on the points at issue of the meaning of the case law for the application of necessity and necessary defence mainly in the field of Czech criminal law, although some partial issues are also compared to the foreign legislation. In compliance with the title of the work author's attention is dedicated in the first place to the conditions and limits of both those institutes and their reflection in the judicature (considering the development of those tasks, that are currently believed to be disputable), futhther, the law theory is described. The thesis is composed of eight chapters, from which the first forms as an introduction, where the goals and approaches are indicated. The last, eight section summarizes the outcomes and conclusions of the thesis and also serves as a recommendation of some useful legislative changes that can be done in the future. The Second Chapter talks about the role of the case law and its meaning in the field of criminal law, characterizing the impact of judicature for the legal practice in the first place. Also the terminology used throughout the whole work is laid down, while claryfiing the basic terms applied lately. The following Chapter Three serves as an...
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Contentious issues of self-defence in Czech case law
Mráz, Miroslav ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
Resumé Controversial Issues of Necessary Defense in the Judicial Practice The purpose of my thesis is to analyze some potential problems in the case law of necessary defence. Studying the judicature alw ays helps the law yers to understand better the subject, because in a particular case, the law is used "in action" and explained by the judges. The thesis is composed of five chapters, each of them dealing w ith different aspects of criminal law or more precisely of necessary defence case law . Chapters One to Three introduce and describe the basics of czech criminal law , the intent of criminal law and criminal liability. Which are the ground topics of defence law . Chapter Four is the main chapter of the thesis and deals w ith defences - necessity and necessary defence. Chapter Four is divided into tw o subchapters. The first of them deals, as said before, w ith necessity. The second one w ith necessary defence and is itself divided into nine parts. Part One deals w ith the historically development of necessary defence and shortly introduces four (more precisely only three) different versions of those past and present legal forms. Parts Tw o to Seven examine the basic parts of necessary defence, those are: subsidiarity, attack, adequacy, excess from necessary defence, w eapon use in necessary defence and...
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