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....
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:357538 |
| Date | January 2017 |
| Creators | Poborský, Josef |
| Contributors | Krupička, Jiří, Konrád, Zdeněk |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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