JUDr. Petr Valný/PRN BOA Circumstances excluding criminal liability and circumstances excluding an unlawfulnes of an act JUDr. Petr Valný/PRN BOA Moderné vzdelávanie pre vedomostnú spoločnosť / Projekt je spolufinancovaný zo zdrojov EÚ OA Rožňava – moderná škola ITMS kód Projektu 26110130729 Obchodná akadémia, Akademika Hronca 8, Rožňava

OBSAH Circumstances excluding criminal liability Age Insanity Circumstances excluding unlawfulness of an act Acting in an extreme necessity Acting in necessary self-defence Authorized use of a weapon Permissable risk Exercising rights and performing duties Consent of injured party Acting as an agent Zdroje Moderné vzdelávanie pre vedomostnú spoločnosť Projekt je spolufinancovaný zo zdrojov EÚ

Circumstances excluding criminal liability

Age The person who has not reached the age of fourteen at the time of commission of the criminal offence may not be held criminally liable with exception of criminal offence of sexual abuse where it is required age of fifteen at the time of its commission.

Insanity No person incapable of judging the seriousness of an act, which otherwise gives rise to criminal liability, at the time of its commission, or to exercise self-restraint because of mental disorder may be held criminally liable for such an offence.

Circumstances excluding unlawfulness of an act

Acting in extreme neccessity It is an act, which otherwise gives rise to criminal liability, by which somebody averts a direct threat to an interest protected under this Act. (for example somebody hurls down the roof on neighbour´s building to prevent the spreading of the fire ) Condition is that consequence caused by acting is not more serious or the same as the one which threatened.

Acting in necessary self-defence It is an act, which otherwise gives rise to criminal liability, by which somebody averts an impending or actual attack on an interest protected under this Act. It does not have to be attack against person, who averts the attack but also against the other person Self-defence must not clearly exceed intensity of an attack and its mode.

Person shall not be held criminally liable if he acted in a state of intense agitation caused by an attack, particular as a consequence of confusion, fear or fright.

Authorized use of a weapon In compliance with a law weapon can be used by members of the armed corps. Everybody can use a weapon against another person in his dwelling to protect a life, limb or property, if the latter has forcibly entered the dwelling, or unlawfully stayed there, although it is not a necessary self-defence. The acting person must not kill the attacker – he can hurt him, intimidate him or push him away

Permissible Risk An act, which otherwise gives rise to criminal liability, shall not be considered as a criminal offence if it is performed by a person who, in accordance with the latest knowledge and information, carries out socially beneficial activities in the field of manufacturing and research that could endanger an interest protected under this Act.

Exercising rights and performing duties An act, which otherwise gives rise to criminal liability, shall not be considered as a criminal offence if it constitutes the exercise of rights or the performance of duties prescribed by a generally binding legal regulation, resulting from the decision of a court or other public authority.

Consent of the injured party An act, which otherwise gives rise to criminal liability, shall not be considered as a criminal offence if it was performed with the consent of the injured party and is not prejudicial to the latter’s life or limb.

Acting as an agent An act, which otherwise gives rise to criminal liability, whereby an agent appointed in compliance with the special regulation endangers or infringes an interest protected under this Act in the course of disclosing a criminal offence or identifying its offender, It shall not constitute a criminal offence if he has been forced to do so by the criminal group or the terrorist group, in which he operates.

Zdroje Zákon č. 300/2005 Z.z. - Trestný zákon www.google.com - obrázky