The concept and legal consequence of the excessive use of self-defence and necessity

1 Abstract THE CONCEPT AND LEGAL CONSEQUENCES OF THE TRANSGRESSION OF THE LIMITS OF SELF-DEFENCE AND NECESSITY As the name suggests, this Master's thesis examines the concept and legal consequences of transgression of the limits of self-defence and necessity. Self-defence and necessity, together with other circumstances excluding illegality, belong to the fundamentals of criminal liability. If all their conditions are fulfilled by some action, which would otherwise give raise to criminal liability, then these legal institutions exclude not only criminal liability, but also illegality of such action (i.e. such action is considered lawful). The purpose of the paper is to provide complex and understandable analysis of these two crucial legal institutions. The analysis is mainly focused on conditions of these legal institutions, which form their limits; determination of conditions which, if not met, constitute the transgression of the limits of self-defence or necessity, and content and cases of fulfilment or failure to fulfil these conditions. (Thus, the cases of the transgression of the limits of self-defence and necessity are examined.) After the analysis of such excesses, the thesis addresses specific issues connected with their legal consequences. The thesis is based on Czech legal regulation, namely the..