Sporné otázky nutné obrany v judikatuře

• Main Author: Kabát, Robert
• Other Authors: Císařová, Dagmar
• Format: Dissertation
• Language: Czech
• Published: 2009
• Online Access: http://www.nusl.cz/ntk/nusl-277355

84 SUMMARY Controversial Issues of Necessary Defense in the Judicial Practice The main purpose of the thesis is to analyze necessary defense in Czech criminal law. Author's main focus is determined by the title of the thesis and he mainly concentrates on judicial practice. Nevertheless, substantial part of the thesis comprises comparison with jurisprudence. Only theory deals with some issues, these ones are included too. If it's needed, the author compares neces- sary defense with similar legal institutes in legislation of foreign countries or briefly describes historical evolution of important issues. The thesis is compound of six chapters. Chapter One includes introduction, explains starting points and approaches. First content chapter is chapter Two. It defines basic terminology used in the thesis: circumstances excluding criminal liability (i.e. defenses or excuse de- fenses), circumstances excluding lawlessness (i.e. justification defenses) and necessary defense (i.e. self-defense and defense of person, property or other legal interest protected by criminal law). Chapter Three contains the core of the thesis. It examines basic elements of necessary defenses and problems typically connected with particular elements. According to usual structure of papers on necessary defense, the chapter is...