The Principle of Proportionality in their Mutual Application in the Implementation of the Immediate Interventions Carried out by the Police of the Czech Republic in Terms of Theory and Practice Cover Image

Zásada přiměřenosti a zásada iniciativy při realizaci bezprostředních zásahů uskutečňovaných ze strany Policie České republiky z hlediska teorie a praxe
The Principle of Proportionality in their Mutual Application in the Implementation of the Immediate Interventions Carried out by the Police of the Czech Republic in Terms of Theory and Practice

Author(s): Pavel Všetička
Subject(s): Criminal Law
Published by: Masarykova univerzita nakladatelství
Keywords: Immediate Interventions; Unlawful Inaction; the Police of the Czech Republic; the Overrun of Authority; the Principle of Initiative; the Principle of Proportionality.

Summary/Abstract: In the case of immediate interventions, these are the most obvious means of public-power coercion, which are implemented in a democratic legal state only to protect the most important law-protected interests such as life, health, property or personal freedom of the individual. In the present work I deal with the mutual relation between the principle of proportionality and the principle of the initiative in the implementation of immediate interventions by the Police of the Czech Republic. In this context, I focused on solving a number of frequently discussed theoretical issues related to the subject. I also deal with the analysis of selected cases from application practice in which I try to prove the pitfalls in finding a compromise between the application of the principle of proportionality and the principle of initiative within the real functioning of the Police of the Czech Republic.

  • Issue Year: 26/2018
  • Issue No: 3
  • Page Range: 517-545
  • Page Count: 29
  • Language: Czech