Comparison of necessity and defence in czech criminal law

Authors: Jan Robin Vítů
Cited by: 0

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