The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...

This dissertation deals with the topic of minor offences against public order. While working on this dissertation there has been a major change in the law, where the act number 200/1990 Sb. about minor offences was replaced by two new acts. Firstly it was replaced with the law number 250/2016 Sb. about responsibility for minor offences and the legal proceedings (furthermore minor offense law) and secondly with the law number 251/2016 Sb., about selected minor offences. This thesis aims at the area of minor offenses against public order regulated in the act about selected minor offences, it describes individual offenses and analyses whether there has been any change compared to previous regulations. This dissertation consists of seven chapters. In the first chapter I deal with the definition of a minor offence. I describe the individual definition of minor offences and describe its particular features. The second chapter follows the first; I deal with the responsibilities for offences caused by legal entities and business individuals. This modification was not previously included in the offense law, and I would like to describe the individual bases of responsibility for these subjects. The third chapter deals with the definition of public order. Public order belongs to a so called vague legal terms...

The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of the act number 250/2016, on the liability for administrative delicts and the proceedings on them, a legal regulation regulating administrative delicts and misdemeanours was unified under a single category of administrative delicts. This act newly regulates the administrative liability of legal entities. The aim of this thesis is to analyse individual factors of liability of legal entities for administrative delicts. The first chapter outlines the historical development of the administrative liability of legal entities from antiquity to the current legal regulation with a focus on the development of this legislation in our country after the year 1918. The chapter concludes with the reform of administrative punishment. The second chapter offers a brief discussion of the sources of legal regulation of liability for administrative delicts. The third chapter focuses solely on the concept of a legal person from the point of view of the Civil Code and of the term administrative delict, its material and formal aspect. The fourth chapter deals with the basics of liability of a legal entity for a delict. It focuses on the conditions under which a legal entity is the perpetrator of a delict....

Reviewing the decision on an administrative delict Abstract This diploma thesis deals with the reviewing the decision on an administrative delict, i.e. the reviewing performed by administrative authorities, but also by courts. The objective of this thesis is to define the basic terms and principles used in the reviewing the decisions on an administrative delict, and to further focus on individual means that allow the reviewing the decisions on an administrative delict. These individual means are discussed in the thesis, and there are also outlined their problematic aspects. The partial objective is to think about the current legislation in connection with the matter, whether such amount of various means is needed and whether this purposefully ensures the fulfilment and protection of rights. This thesis is divided into four basic parts. The first chapter is dedicated to sources of legislation and the influence of international and criminal law on the reviewing the decisions on an administrative delict. In the second chapter, there are defined the basic terms of the reviewing the decisions on an administrative delict, and there are further elaborated the principles that manifest themselves in the reviewing the decisions on an administrative delict. The means allowing the reviewing the decisions on an...

First instance hearing of an administrative delict of natural person Abstract Subject of this thesis is first instance hearing of an administrative delict of natural person. It is focused on procedural rules which are provided mainly in Act No. 250/2016 Coll. on Liability for Administrative Delicts and Proceedings on Them. In addition to the act on administrative delicts this thesis analyses subsidiary application of Act No. 500/2004 Coll. Administrative Procedure Code and Article 6 of the European Convention on Human Rights focused on legal status of an accused person. This thesis aims to: define proceedings of administrative delicts; define differences between proceedings of administrative delicts and proceedings of criminal delicts; define individual subjects of proceedings regarding administrative delicts and their procedural rights and obligations focused on rights and obligations of an accused person; analyse individual stages of proceedings of administrative delicts including actions preceding the initiation of proceedings. In accordance with the goals, this thesis characterises proceedings of administrative delicts as a special type of public proceedings in which an administrative body determines guilt of a particular person. It compares proceedings of administrative delicts and proceedings of...

Misdemeanour proceedings as a special type of administrative proceedings Abstract The diploma thesis aims to describe and analyze the infringement procedure in the first instance as a whole and to point out its specifics and peculiarities. It tries to describe the mutual functioning of two basic regulations for misdemeanour proceedings, namely The Act On Liability for Delicts No 250/2016 Sb., and Act No 500/2004 Sb., Rules of Administrative Procedure. The specifics of the proceedings on the offense result from its criminal nature, when the administrative body decides on the guilt and administrative punishment for the committed offense, thus bringing it closer to the classic criminal proceedings. Criminal proceedings within the meaning of Article 6 of the European Convention on Human Rights must also be seen in criminal proceedings. In general, there is a tendency in misdemeanour proceedings to move it closer to the level of criminal proceedings. The first part of the thesis deals with the general concept of administrative proceedings, the scope of the Administrative Procedure Code and the subsidiary relationship of the Administrative Procedure Code and other regulations. The second part defines terms such as administrative criminal law, administrative punishment or misdemeanour law and describes basic...

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This Master's thesis main theme is the liability for administrative delicts and mainly the expiry of the liability for administrative delicts. With the commencement of an act number 250/2016, about the liability for administrative delicts and the proceedings about them, there raised a question about how far this act is complex and unitary. The goal of this thesis is evaluation of the new act and comparison with the old act mainly in the field of the expiry of the liability for administrative delicts. In the second chapter the thesis deals with the development and history of the liability for administrative delicts and with the acceptance of new act. The chapter ends with the sources of the law of administrative delicts. The third chapter is devoted to foundations of the liability for administrative delicts. Reader can find there the basis of the liability of natural persons, legal persons and natural persons who are entrepreneurs and basis about circumstances that exclude the liability. This chapter is the foundation for chapter four which is devoted to the main theme of the thesis - expiry of the liability for administrative delicts. The fourth chapter deals with the reasons for expiry of the liability for administrative delicts. The author introduce and analyze particular problems chained with...

I Lex Aquilia and delict damnum iniuria datum of roman law Abstract The subject of this thesis is the Lex Aquilia and the delict of unlawfully caused damage (damnum iniuria datum) contained in this law. The aim of the thesis is a comprehensive analysis of the Lex Aquilia as one of the most important Roman laws and the introduction of damnum iniuria datum contained in it as a universal delict for cases of damage claims in a wide range of cases of killing animals or slaves, cases of damaged things or complete destruction of property. The first part of the thesis serves as an explanation of key concepts from a general point of view, which are necessary to grasp the subject. The concepts of obligation and delictual liability, Roman categorisation of delicts into delicta privata and crimens, and the role of lawsuits (actio) and standing in Roman law are introduced. Furthermore, the sources of the regulation of delict law, primary sources including the Corpus Iuris Civilis, and also various authors most notably Roman lawyer Ulpian, are presented in a brief manner. The aim of the work is achieved in the second part of the thesis by analysis of interrelated institutes, whether they are specific lawsuits of the Lex Aquilia, or introduction of diverse ways of committing this delict by killing (occidere), damaging the...

This thesis examines the law relating health care in South Africa rather than medical law which is a subset of this field. It attempts to synthesise five major traditional areas of law, namely international, constitutional, and administrative law, the law of contract and the law of delict, into a legal conceptual framework relating specifically to health care in South Africa. Systemic inconsistencies with regard to the central issue of health care across these five traditional fields are highlighted. The alignment of the various pre-existing areas of statutory and common law with the Constitution is an ongoing preoccupation of the executive, the judiciary, the legislature and academia. In the health care context, the thesis critically examines the extent to which such alignment has taken place and identifies areas in which further development is still necessary. It concludes that the correct approach to the constitutional right of access to health care services is to regard it as a unitary concept supported by each of the five traditional areas of law. The traditional division of law into categories of public and private and their further subdivision into, for instance, the law of delict and the law of contract is criticized. It promotes a fragmented approach to a central constitutional construct resulting in legal incongruencies. This is anathema to a constitutionally based legal system. There is no golden thread of commonality discernible within the various public international law instruments that contain references to rights relating to health and it is of limited practical use in South African health law. The rights in the Bill of Rights are interdependent and interconnected. The approach of the courts to the right of access to health care needs to be considerably broader than it is at present in order to fully embrace the idea of rights as a composite concept. Administrative law, especially in the public health sector, offers an alternative basis to pure contract for the provider-patient relationship. It is preferable to a contractual relationship because of the many inbuilt protections and legal requirements for administrative action. Contracts can be unfair but courts refuse to strike them down purely on this basis. Administrative action is much more likely to be struck down on grounds of unfairness: The law of contract as a legal vehicle for health service delivery is not ideal. This is due to the antiquated approach of South African courts to this area of law. There is still an almost complete failure to incorporate constitutional principles and values into the law of contract. The law of delict in relation to health care services has its blind spots. Although it seeks to place the claimant in the position in which he or she found himself prior to the unlawful act whereas the law of contract seeks to place him in the position he would have occupied had the contract been fulfilled, in the context of health care this is a notional distinction since contracts for health services seldom guarantee a specific outcome. / Thesis (LLD)--University of Pretoria, 2004. / Public Law / unrestricted