Comparison of necessity and defence in czech criminal law
Abstract
Comparison between Necessity and Self-Defence in Czech Criminal Law Abstract The present thesis deals with a comprehensive comparison of the institutes of necessity and self-defence in Czech criminal law. These institutes allow an individual to protect their own or another person's legally protected interests in situations of imminent danger, without facing criminal liability for such conduct, while reflecting both natural-law principles and the values of a democratic state governed by the rule of law. The main aim of the thesis was to systematically compare both institutes, to identify their common and distinctive features, and to provide practical guidelines for distinguishing and applying them in criminal law practice. Special attention was given to a question that has not yet been sufficiently addressed in Czech legal doctrine - namely, whether and under what conditions self-defence may be applied even when, in the course of repelling an attack, the rights of an "innocent third person" are interfered with, and to the related question of whether and how such a third person may defend themselves. The thesis is predominantly analytical and comparative in nature; it is based on the Czech legal order and takes into account relevant case law, while selected foreign regulations are only referred to in outline...
Fields of Study & Subjects
Criminal Law and Policy
European Criminal Justice and Data Protection
Criminal Law and Evidence
Publication details
- Journal / source
- Digital Repository (National Repository of Grey Literature)
- Publication date
- 1 January 2026
- Language
- CS
- Document type
- Thesis