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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...

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...

Contentious issues of necessary defence in judicial practise Abstract This thesis is focused on the analysis of contentious issues of the criminal law institute of necessary defense within the relevant cases of judicial practise. Its purpose is to summarize the concept of the institute of necessary defense in the Czech legal system, to find out the circumstances that courts usually take into account in their decision-making and to answer other questions that are inextricably linked to the institute of necessary defense. The content of the diploma thesis is divided into chapters and subchapters. The first two chapters briefly deal with the development and function of circumstances precluding wrongfulness within the system of criminal law, the purpose of the necessary defense as one of them and its relation to necessity. The content of these chapters is mainly undisputed knowledge about these institutes. The final part of the second chapter draws on the relation between necessary defense and necessity and deals in more detail with the issue of subsidiarity, taking into account the decision-making of courts. The third chapter deals with the core of the institute of necessary defense and its necessary requirements and provides a full insight into the issue of conflict initiation and the associated...

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.

1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...

The concept and legal consequences of the transgression of the limits of self- defense and necessity The subject of this thesis is the concept and legal consequences of the transgression of the limits of self-defense and necessity. The aim of the thesis is to analyze legal regulation of necessity, self-defense and legal consequences of the transgression of their limits by the academic literature and case-law and on that basis answer the questions outlined in the introduction of this thesis. During that the thesis pays most attention to questionable or interesting issues of this topic. The previous conclusions in connection with knowledge from foreign legislation are the basis for de lege ferenda considerations. In addition to the traditional de lege ferenda considerations the thesis also attempts to address new topics that may affect these institutes in the future. The topic of the thesis is described in four chapters. Necessity and self-defense belong to the circumstances excluding unlawfulness therefore the first chapter of this thesis which is an introduction to the whole issue deals generally with circumstances excluding unlawfulness and their position in our legal environment. The second and third chapter deal with the institutes of necessity, self-defense. Transgression of the limits of...

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...

This thesis concerns the topic of exceeding the limits of self-defence and necessity and related legal consequences. Although the concepts of self-defence and necessity exist also in other legal branches, this thesis is focused primarily on criminal law. The aim is to define the concept of excess of the limits of self-defence and necessity, including the individual types of excess, and to provide a comprehensive overview of both general and special legal consequences that can arise in case of an excess. Furthermore, this thesis strives to answer the question whether the current Criminal Code allows for all the specific circumstances of cases in which the defendant fulfils an offence definition while exceeding the limits of self-defence or necessity to be duly taken into account. First, this thesis deals generally with the topic of defences and the concept of self-defence and necessity and then analyses in detail the limits and conditions of these concepts as this matter is closely connected with the topic of excess. The crucial parts of the thesis are part three and four. The third part focuses on defining the concept of excess and its characteristics, analysing the fault element of an excess and describing the individual types of excess of self- defence and necessity limits. The fourth part deals...

The concept and legal consequences of excessive self-defense and necessity The topic of presented diploma thesis deals with criminal law institutes of self-defense and necessity and the consequences of exceeding their limits provided by the Criminal Code. Both of the above-mentioned institutes belong to the conditions precluding illegality of an act, i.e. specific circumstances in presence which of and subject to conditions any sanction is excluded under effective law. The purpose of these institutions is to make it possible for people to act with impunity in cases they protect the interests of their own or interests of the whole society when these interests are violated or endangered. In principle, these institutes replace the absence of a public authorities at the moment, whose task is to protect these interests. However, on the other side the legislation does have certain limits to prevent from any misuse of these institutes. The key passages of this thesis are therefore focused on situations where the conditions of necessity or self-defense are not fully met and examines the legal consequences of such actions. The presented thesis is divided into six parts. A brief introduction is followed by the first chapter, which deals with the general view of the conditions precluding illegality of an act,...

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...

214 SUMMARY Circumstances excluding punishability 1. The main purpose of this thesis is to analyze the nature of the circumstances, which are standardized in Czech criminal law, as circumstances excluding unlawfulness. Main focus is on two of them that, in both historical and international comparison, are not in all circumstances conceived as so-called justification (circumstance excluding unlawful- ness), but also as a reason for excluding subjective criminal liability (excuse). 2. The concepts of criminality, criminal liability and anti-legality in their various con- cepts, which can be found in the theory of criminal law, are first analyzed. Thus, in par- ticular, the concepts of formal and material criminality, formal and material unlawfulness, so-called criminal unlawfulness and special unlawfulness are clarified consecutively. The result of this investigation is the conclusion that unlawfulness is only one and expresses a contradiction with the whole legal order. This concept should be distinguished from the concepts of criminality (as attribute) and criminal liability. Unlawfulness is their condi- tion. In this general part, the place of unlawfulness in the system of elements of crime, and its functions in that system are analyzed. 3. In the second part, the thesis focuses generally on the...

Faktické úkony představují právně-teoretický pojem, jež v sobě zahrnuje různé specifické formy realizace veřejné správy, které bývají uplatňovány v mimořádných situacích, a to zpravidla namísto individuálních správních aktů. Jednu z forem faktických úkonů představují tzv. bezprostřední zásahy. Vzhledem k bezprostřední povaze této právní formy činnosti, je v průběhu jejich realizace vyloučena možnost přezkoumání zákonnosti postupu úředních osob prostřednictvím řádných opravných prostředků, tak jak je tomu v případě individuálních správních aktů. Z množiny záruk zákonnosti využívaných v oblasti veřejné správy je však v tomto případě možno za jistých okolností uplatnit kontrolu ze strany občanů, a to v podobě nutné obrany. Podobně ovšem i úřední osoby jsou v rámci plnění svých úkolů ve zvláštních případech oprávněny využít institutu nutné obrany. The factual acts are a legal theoretical notion that includes various specific forms of public administration that are used in extraordinary situations, as a rule instead of individual administrative acts. One of the forms of deeds is represented by so-called immediate interventions. Due to the immediate nature of this legal form of activity, the possibility of reviewing the lawfulness by means of ordinary remedies, as is the case with individual administrative acts, is precluded in the period before the legal consequences for the addressees of its action. However, from the set of legality safeguards commonly used in the area of public administration, citizenship control can be exercised in this case in the form of necessary defense. Similarly, however, officials authorized to carry out immediate interventions are entitled under certain circumstances to use the necessary defense institute.

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...

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...

This diploma thesis deals with necessity and self-defence in the light of the large recodification of private law in the Czech Republic. Together with other legal concepts they are referred to as the circumstances excluding unlawfulness. Their specificity lies in their exclusion of the obligation to compensate suffered damage provided that the conditions laid down by the law are met. This issue has always been a matter of interest to both laical and professional public as these important legal concepts form one of the most fundamental pillars of the liability system. The aim of the thesis is to point out their importance for the present codification by a comprehensive analysis of relevant legislation, conclusions of theory and case law. They have been subjected to extensive analysis as well as their Roman law roots. The key part is the comparison between Czech and German law that exceed the terms of private law. Due to their apparent connection the issue of criminal law was also included. In addition, this thesis deals with the institute of self-help in terms of its relationship with necessity and self-defence. Self-help was a typical means of protection in archaic societies but today's advanced society delegated the function of legal protection to the state by establishing independent and...

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....

Use of firearm for the necessity defense This thesis is focused on conditions when a gun can be used for necessity defense under the current Czech legislation. The work is divided into five chapters. In the first chapter a gun legislation that allows citizens of Czech Republic to obtain and keep firearms is briefly mentioned with emphasis on the definition of firearm and overall description of conditions to obtain, carry and use it according to the gun legislation. The second chapter presents a general introduction into problems of circumstances that excludes the illegality. An institute of extreme emergency, a justification of gun use and so called civil detention are there more specified. The third chapter includes a detailed analysis of general characteristics of the necessity defense. This chapter further describes the issues of excess and fail in the necessity defense and some changes in legislation that were proposed in the past. The main part is the chapter four, which is focusing on use of firearms for the necessity defense itself. In the beginning of this chapter the characteristics of firearm use as a mean of ultima ratio defense are defined, with a brief excursion into firearm injuries, followed by the analysis of judicature that relates to the situation of gun use for necessity defense....

Rigorous thesis mainly proposes a legal analysis of the circumstances excluding illegality contained in the penal code and other related issues. Thesis is especially about private defence, exigency, compliance, tolerable risk and lawful use of a weapon. The first part deals with the historical development of the circumstances excluding illegality, followed by a comprehensive analysis of current legislation and the work concludes fundamental analysis of German law. In the crucial part of the thesis, which deals with applicable law, is noticeable emphasis on the fact that the interpretation links to relevant case law. This is especially true in the case of exigency and private defense as the two most frequently occurring circumstances excluding illegality. Rigorous thesis also includes an excursus into the realm of sports, because one of the chapters focuses more on application of individual facts in issue of the circumstances excluding illegality in sports law.

The purpose of this thesis is to deeply analyze the issue of self-defence as a circumstance excluding an illegality. For its comparison with other countries and for better understanding of its substance this thesis also focuses on the Slovak and Irish legislation of self-defence. For that reason, this dissertation is divided into 4 chapters, where 3 of them talk about self-defence in the different country. The first part briefly displays the evolution of self-defence since 1852. The second part focuses mainly on general knowledge of self-defence and its application in case law. It includes basic defining characteristics, its application in relation to individual offences as well as its relation to automatic self-defending facilities. The third (Slovak) part basically deals with different characteristics of self-defence in comparison with the Czech legislation and considers which legislation is better and why. Moreover, it is talking about what is the significance of differences in practice, which legislation of self-defence is beneficial for a defender and on the other side, which one is easier to abuse. The fourth part focuses on the Irish legislation of self-defence which, as usual in Anglo-American legal system, is primary based on judicial precedents. Because the Irish law is substantially...

The focus of the thesis is set on the controversial issues connected with a legal institute of Czech criminal law called "self-defence", and how these controversial issues were dealt with within judicial practice. The first chapter serves as an introduction to the whole topic. The second chapter describes the concept of self-defence, as well as its prerequisites. The self- defence was classed into the system of criminal law. The goal of the third chapter is to define preconditions which are necessary in connection with application of the self-defence institute. The main parts of this chapter describe firstly attacking, first of all and secondly defence. Subsections of this chapter analyse the term of attacking itself, the attacker and his characteristics, the term of harmfulness of such attacks towards society. As for the second part of the third chapter it focuses on the defence itself, its proportionality etc. The fourth chapter is about the role of judicial practice within the context of Czech legal system. This chapter serves as a relevant contribution to the main part of the thesis, which is chapter five. Chapter five introduces specific cases, especially those which were at some point controversial. The specific case is briefly described and the controversial issue is named and further...

Title: Analysis of circumstances, which affect attacks on rescuers during a service. Objectives: Objective of the thesis is to analyze and describe in detail circumstances and possible risks, which can happen during a duty of health service employee. Methods: This thesis is conceive as quantitative research with using constructed enquiry, which tries to find out set data. In theoretical part is used description of current situation. Results: Result of the thesis is elaborated analysis of circumstances, which affect attacks on rescuers during a service. Data and results, which were collected, were transformed into graphs with description. Keywords: Health service, Agression, Patient, Private defense

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...

The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...

Actual questions of necessary defence Rigorous thesis called "Actual questions of necessary defence" is based on Criminal Code, Act No. 40/2009 Coll., as applicable to 1 May, 2014. The thesis deals with the necessary defence which belongs to the basic human rights that give everyone the right to avert by himself the attack on interest protected by the Criminal Code. The focus of this thesis is not primarily on the basic legal issues of the necessary defence, but on questions which have not so far been given much attention to and which are at the same time, with regard to the status and the development of the society as well as its legal environment, very current. First part of the thesis is devoted to the necessary defence as the circumstance excluding illegality, its insertion among these circumstances and in particular to the mutual relationship of individual circumstances to the necessary defence. A particular attention is paid to the relationship of necessary defence to the legitimate use of weapon and to the issue of competition of these two circumstances excluding illegality. The following part of the thesis discusses in detail the topic of automatic defence systems, which use can be categorized in terms of criminal law as the necessary defence. The problems with these devices necessarily...

This thesis deals with the necessity and self-defense under the laws of the Czech Republic and their equivalents in the common law. The aim of the thesis is to introduce and describe each institute - necessity, self-defence, duress by threats, duress of circumstance and lawful use of force and their conditions for application. This paper also focuses to decisions of Czech, Irish, English and another courts which modified interpretation of mentioned institutes. The thesis analyses and compares conditions of Czech law and common law, which is represented mainly by Irish law. Introduction of thesis forms first chapter, it sets out aims and the methods used for achieving them. Second chapter presents general introduction where it is described differences of civil law and common law. Third chapter is divided into three subchapters and focuses on the position of necessity and self-defence in national law. This chapter theoretically analyses the position of institutes in justification in the context of national adaptation and describes their basic features. The fourth chapter deals with legal regulation of the necessity and its equivalents in the common law. Individual conditions are explained and presented on individual judicial decisions. Part of this chapter is even an analysis of possible excess from...

Theme of my thesis is the issue of necessity and self-defence as circumstances excluding illegality. In this work are these institutes characterized from the perspective of Czech law and Anglo-American law. A part of this work is historical excursion that highlights the problems of these institutions from the perspective in the course of history. This work serves us a comprehensive look at the necessity and self-defence and their issues. Part of the work is the mutual comparison of these institutions from the perspective of the law of the Czech and the Anglo-American law.

The concept and legal consequences of the transgression of the limits of self-defense and necessity The object of this diploma thesis is criminal institute of self-defense and necessity and legal consequences of their transgression. These circumstances excluding the illegality release an act of person, who prevents a directly imminent danger or attack, from illegality as an element of the crime. We find the importance and indispensability of these institutes in possibility of use of self-help in favor of the protected interests, without a threat of penal sanction. This work is mainly focused on situations where legal conditions and limits of self- defense and necessity were transgressed, which caused their criminal liability. Even here it is desirable to apply more benevolent approach towards the offender than to other perpetrators of common crimes, because otherwise self-defense and necessity is considered a positive phenomenon. After a brief introduction, in the first part of this diploma thesis, the author deals with circumstances excluding the illegality in general and with the concept of illegality itself. In the second part, the author deals with the definition of the term and conditions of necessity and mainly focuses on explanation of the unclear and questionable elements of necessity. In...

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...

This thesis is focused on the topic of justifiable defence and domestic violence. There is a comprehensive overview about justifiable defence in the first section. It is one of the circumstances to exclude illegality which is defined in § 29 in the Criminal Code. There are specified conditions when attack is treated as justifiable defence. If the statutory conditions are exceeded it is the excess. The second part of this thesis is dedicated to serious problem domestic violence. There are forms and features of domestic violence defined. Also consequences of domestic violence are mentioned. The third section describes the legal option to help victims of domestic violence. We create manual with some advices and recommendations. We trust that it will be a benefit for victims. There is a list with contacts to organizations which help to affected persons. Practical part of our thesis is case study. We deal with a concrete example of domestic violence in detail. At the end of this case is death of thug and imprisonment of bully women.

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...

Contentious issues of self-defence in Czech case law This thesis is focused on legal institute self-defence (in Czech law is used term necessity defence) in Czech case law. It deals with theoretical problems and contemporary legislation as well, but the most important part is (according to the name of this thesis) focused on judicial practice. The purpose of this thesis is to present some controversial issues of self-defence and analyze judical practice that deals with those issues. Nevertheless, at the end one issue that the Czech courts have not ruled on yet is also mentioned. This thesis is composed of five chapters. The first one presents the purpose of this thesis and introduces the necessity of judicial practice for controversial issues of self-defence. The second chapter introduces self-defence as a fundamental element of any democratic state. Subchapter 2.2 deals with some main principles of Czech criminal law and presents how they demonstrate themselves in self- defence. The next subchapter 2.3 focuses on benefits that self-defence brings to contemporary democratic society. The third chapter concerns with the current wording of self-defence in Criminal Code. The most important terminology is introduced. Subchapter 3.4 deals with mistake in circumstances excluding criminal lability, 3.5...

The topic of this diploma thesis is the concept and legal consequences of excessive self-defence and necessity. The aim of the thesis is to introduce and describe the conditions of using these defences and to focus on issues of case law in connection with them. Criminal law is an essential part of everyday life. This diploma thesis focuses on analysis of all conditions imposed by Czech legislation as well as Irish legislation. It is composed of seven chapters and each chapter deals with different issues. The first chapter is an introduction to the whole thesis: it sets out aims and the methods used for achieving them. The second chapter deals with the definition of the concept of justification with the basic features of these circumstances and highlights the basic foundations for behaviour under self-defence or necessity. The third chapter is fully devoted to regulation of necessity, focusing on its basic conditions. Each condition is explained and described separately with references to the case law. One part of this chapter deals with the excess in behaviour under necessity and the following solutions in criminal trial. The fourth chapter deals with the concept of self-defence in the Czech Republic, defining it and analysing its basic conditions. Examples from the case are discussed and analysed...

Controversial Issues Surrounding Necessary Defense in Judicial Practice The purposes of this essay are to point out some of the controversial issues surrounding the legal institute of self-defense in Czech law (Czech law uses the term "necessary defense") and to analyze judicial practices that deal with those controversial issues. Moreover, this essay will explore the institute of self-defense in a broader context. This essay is composed of six chapters, each of which dealing with different aspects of self- defense. Chapter 1 consists of an introduction that sets the aims and purposes of this essay, as well as introduces the institute of self-defense as a fundamental element of any democratic society. Chapter 2 deals with self-defense as a sociological phenomenon. The chapter is subdivided into three subchapters. Subchapter 2.1 focuses on the importance of self-defense in society. Subchapter 2.2 analyzes the problems associated with an insufficient usage of the institute of self-defense. Lastly, Subchapter 2.3 focuses on issues of legal consciousness in matters of self-defense. Chapter 3 briefly introduces the historical development of self-defense. It is subdivided into two parts. Subchapter 3.1 focuses on the ancient roots of the institute of self-defense, and Subchapter 3.2 describes the...

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...

This diploma thesis deals with the concept and legal implications of excessive self-defense (also private defense) and necessity (also distress). The two terms designate two circumstances precluding wrongfulness that the Czech Criminal Code recognizes. They have been intended to allow every person to defend himself and thus protect his rights against an attack or other forms of danger in case the state authority cannot provide for such protection. If the self-protection is executed within some acceptable boundaries that are provided by the Criminal Code, such behavior can be considered beneficial for the society and therefore nobody should be in any way punished for it. Criminal liability is only established when the given boundaries are crossed and even then there is a certain favored approach towards the perpetrator required. The intention of this diploma thesis is to address the connotations and importance of the given juridical institutes and to evaluate whether they function effectively or not, with eventual suggestions as to how to improve the result. After a short introduction the first part of the thesis deals with the concept of wrongfulness as one of the elements of a crime, and circumstances precluding the wrongfulness in general. In the end of the chapter there is a brief reflection on...

The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress Diploma thesis called "The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress" is based on Criminal Code, Act N. 40/2009 Coll., as applicable to 1 December, 2011. The thesis deals with legitimate self-defense and distress, as two circumstances excluding illegality, which belong to basic human rights, that everyone can by himself avert attack or danger threatening his interest protected by the Criminal Code. Thesis's insight of legitimate self-defense and distress is based on situations when person exceeds allowable bounds of legitimate self-defense and distress, and it's behavior becomes lawless and punishable. First part deals with circumstances excluding illegality as a term including legitimate self-defense and distress. Second part is based on actual characteristic and conditions of legitimate self-defense, together with specification of statutory legal limits of behavior in legitimate self-defense and distress. In following third part concepts of exceeding limits of legitimate self-defense and distress are analyzed in detail. There is a description how acting person can extravagate these limits. Nonobservance of time limits,...

THE THESIS IN ENGLISH The aim of the Thesis is to take a close look at the exigency and private defence issues, especially their conditions as well as limits of their exceeding and draw as complex conclusion as possible. The main aim of the thesis is to prove an amendment within the frame of exceeding the private defence and exigency limits should be passed. The thesis is composed of eleven (11) chapters, each of them dealing with different aspects of exceeding the private defence and exigency limits. Chapter One is consists of a general introduction and basic general characteristics of both institutes, both exigency and private defence and their position within circumstances excluding illegality. Chapter Two deals with a brief historic survey of development of exigency and private defence institutes. Attention is especially paid to the time from the validity of the Austrian Criminal Code from 1852 and regulations in individual criminal codices valid in our territory. Chapter Tree looks at the position of these institutes in Czech set of rules. Chapter Four deals with the specification of the exigency and private defence term, their substance and function within the society and it contains definition of differences and identical features of both institutes. Chapter Five and Six concern the...

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...

The aim of this thesis named Circumstances excluding illegality is to define every particular circumstance listed in the Czech Criminal Code Nr. 40/2009 Sb. and every condition when it is possible to use these circumstances excluding illegality. In this thesis there are also described some court decisions concerning specific situations. The next chapter deals with kinds of punishments that can be imposed for breaking of these circumstances. In the conclusion there is a small summary with my own opinion on the current legal regulations on this matter.

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...

The thesis addresses the analysis and comparison of individual elements of defenses under Czech and German criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of the thesis was to render overview concerning the distinctions in the defenses, provided that these are based on common reasoning, are generally acknowledged and theoretically elaborated, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. The fact that the defenses are mutually close in their character and meaning within both legal systems was a major prerequisite for the thesis. The thesis analyses the distinctions with regard to the individual preconditions of separate defenses. These distinctions are not limited only to the extent of the wording of a legal statute, they also greatly manifest in professional literature and case law. Owing to the brief and abstract nature of the respective provisions the courts and theorists developed large quantities of principles and rules which precise and sometimes even amend these provisions. The subject has been processed under consideration of the present-day legal regulation, the topics of origin and development of defenses has intentionally not been discussed....

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...

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...

This work provides a comprehensive look at the issues and current concepts of circumstances precluding unlawfulness in the Czech Republic, which are defined in the Criminal Code No. 140/1961 Coll. valid until 31.12.2009 (necessary defense, exigency, legitimate use of weapons).The purpose of this work is to create the practical tools for citizens of our country how to behave and act in situations of the immediate danger to their property, health or life, or other rights and freedoms declared by the Charter of Fundamental Rights and Freedoms, in the context of immediate unlawful conduct of other persons.In this thesis there are gradually given various conditions which the attack must meet, the risk of defending against unlawful conduct and this act itself could be considered by the competent authorities as an act within the limits of the particular circumstances excluding the unlawfulness. The decisions of law enforcement bodies present their approach to this issue. It also includes a view of the installation of automatic defense equipment, the use and installation is currently not regulated by law as an effective means to protect their property. Due to the upcoming of the new Penal Code No. 40/2009 Coll., As amended, at work there is also a chapter by circumstances precluding unlawfulness de lege ferenda under the Criminal Code with the consideration of their other possible legislation. In the fifth chapter is a comparison made these circumstances with foreign legislation.

Práce vytváří ucelený pohled na problematiku a současné pojetí nutné obrany v České republice, jakožto jedné z okolností vylučující protiprávnost, která je vymezena v § 13 zákona č. 140/1961 sb., trestního zákona. Smyslem práce je vytvoření praktické pomůcky občanům naší země, aby věděli jakým způsobem jednat a jak se chovat v situacích, kdy bude bezprostředně ohrožen jejich život, zdraví nebo majetek popř. i další práva a svobody deklarovaná státem, v souvislosti s bezprostředním protiprávním a úmyslným jednáním jiné osoby či osob. V práci budou postupně uvedeny jednotlivé podmínky, které musí splňovat útok (bezprostředně hrozící nebo trvající) i obranné jednání, aby toto následně mohlo být příslušnými orgány posuzováno v mezích nutné obrany. Budou popsána určitá úskalí, která s sebou obranné jednání může přinést a bude zde uvedeno několik zajímavých soudních rozhodnutí, aby bylo patrné, jakým způsobem k této problematice přistupují soudci soudů jednotlivých stupňů. Rovněž zde budou zmíněny některé psychické faktory, které mohou ovlivnit jednání obránce v souvislosti se vzniklou zátěžovou situací, zejména spojená s intenzitou použité síly, popřípadě volbou obranného prostředku použitého k odvrácení útoku. Práce bude rovněž obsahovat pohled na nutnou obranu v souvislosti s instalací automatických zabezpečovacích a zejména obranných zařízení, jejichž používání a instalace není v současné době zákonem nijak upravována. V neposlední řadě bude práce obsahovat pohled do zahraničních úprav nutné obrany. V praktické části budou metodou dotazníku zjišťovány vědomosti a názory občanů na jednání v nutné obraně.