Parties
    The complainant : Petr Bajgar
    Respondent : New Luke , a member of pirates in the South Moravian Region
    Corrupted: Patrik Dolezal, a registered supporter of pirates in the South Moravian Region

    Description of decisive facts

    The Audit Commission investigated a complaint filed by Peter BAJGAR of 16 11th 2013. The investigation identified the following deed , which is considered as breach of the rules :

    The defendant attacked the victim on October 24, 2013 in the Moravian Square in Brno in the afternoon. Participate in the incident were also some members of the Regional Association of pirates in the South Moravian region ( eg Tomáš erased ) . This argument was the location of the campaign flyer billboard. Damaged wanted to place a billboard posters , which in his opinion are suitable for presentation persons candidates in the forthcoming elections to the House of Commons . Respondent did not share his ideas , expressed his agreement and repeatedly warned that his work on the billboard repaired to its original form , or tear sheets . At the moment the defendant decided that damaged his warning not understand climbed down the ladder and tore him. The answer was damaged , that approached the flyer stuck on the side of the billboard, on which was depicted the defendant as a candidate , and tore it in half .

    Respondent responded physically attacked the victim , with the reaction of the victim is apparent that it was not a fight, but a one-sided attack , which damaged the hands struggled, but he did not return the attack . Physical assault consisted of repeated at least six blows to the face with his fist attached ring. Inspection Commission asked for the victim and the defendant . The course of events is undisputed between the parties . The injury to the victim Control Commission showed medical report , the victim could not for about months working hands , had problems with eye drops that healed after a few days he was unable to work .

    Respondent addressed the issue as follows : " my failures consisted delegated to the intensity of the following situations. 'm Quite relieved that the medical report confirmed my view on the severity of physical harm , then, that was indeed " a few slaps " at least as a result of Rods " and referred to his previous statements on an Internet forum .

    The case studied in fibers :
    podatelna-republikoveho-predsednictva-f352/stanovisko-rp-k-brutalnimu-utoku-naseho-kolegy-t19630-70.html
    jihomoravsky-kraj-f83/schuze-piratu-jmk-a-jinych-8-11-2013-kormidlo-t19647.html
    jihomoravsky-kraj-f83/schuze-piratu-jmk-a-jinych-8-11-2013-kormidlo-t19647-100.html
    http://www.pirati.cz/spisovna/2013/11/z ... ejkovicich
    republikovy-vybor-f248/navrh-na-vylouceni-lukas-novy-t1820-20.html ? avatar hilit = % 20nov % C3 % BD
    krajske-predsednictvo-jihomoravsky-kraj-f305/ukonceni-clenstvi-lukase-noveho-t1912.html

    The claim infringement

    From the minutes of the meetings of the regional associations in the South Moravian Region Audit Commission found that the defendant and the defendant entered into a settlement under the mediation of the national Bureau. The content of the settlement was also stated that the Respondent's conduct was unlawful and that it is for the defendant apologizing to the victim . The call control harmed stated that no claims for damages raises . This is between the parties resolved the matter and Control Commission was left to consider the matter of public interest .

    Personal integrity is guaranteed (Article 7, paragraph 1 of the Charter of Fundamental Rights and Freedoms). Opponents of the need to affirm that it was not a serious bodily injury within the meaning of the Criminal Code ( Act No. 122 § 2 of Act No. 40/2009 Coll . ), But the Audit Commission considers that the consequences of the act are on the border bodily health as a breach of normal body function more difficult , not only for a short time , the usual way of life of the injured and required medical treatment. Correct reasoning is not already - if it follows from the above reasoned anyone - it only to grievous bodily injury meets the definition of serious injury , according to our internal regulations ( § 5, paragraph 2 , point . C ) Arbitration Procedure). The terms used in our internal regulations , autonomous content that is found review bodies and the legal order of the Czech Republic is the only one of the guides. In addition, the Audit Commission also considered other regulatory frameworks referred to in § 3 of the Arbitration Rules .

    The judge hearing the case by the Commission 's public interest . What is important is the fact that the attack took place and it was an expression of opposition to the view of another fellow citizen , a rival candidate for the same political party, by violent means. Violence we understand deliberate physical interference with the fundamental right of human beings to physical integrity , which also regularly leads to death , mutilation, injury or other physical injury of another person. According to Article 2, paragraph 3 , point . b ) hereof Czech Pirate Party wants all legal means to fight against violence. Such means is undoubtedly arbitration before the bodies of the party . Registered supporters was a deliberate act the defendant caused such injury that meets the definition of serious harm under § 5, paragraph 2 , point . c ) arbitration rules , because the injury was caused by violence and was clearly deviate from what can be seen in the intra-party relationships as normal , or at least tolerable , and required medical attention. On the sidelines of the Audit Commission notes that it is irrelevant that the provision refers expressly only to members when the adverb especially in the introductory part of the provision is clear that this is just examples .

    To do this, the Audit Commission states that the establishment of an umbrella party formally interests of a relatively large number of people connected by the same interests. However, against the interests of the general public is if anyone uses physical force to enforce their beliefs or needs . Such a basis is also enshrined in the Constitution of the Czech Republic , according to which the political system of the Czech Republic based on free and voluntary formation of a free competition of political parties respecting fundamental democratic principles and rejecting violence as a means of promoting their interests (Article 6). This , of course, are bound by both political parties as the authorities ( Act No. 424/1991 Coll . , The association in political parties and political movements, as amended ) and its members as citizens. Violence by the member in this case filled with characters and a serious violation of the statutes under § 5, paragraph 2 , point . a) arbitration rules in conjunction with Article 2, paragraph 3 , point . b ) hereof . Therefore, in the interests of the party to take a clear position in the event that a candidate for public diplomatic post violates laws under the banner of the party , as well as its statutes .

    Given that the act occurred in connection with the defendant 's candidacy for public office for Czech Pirate Party , when the defendant responded inadequately to damage their own poster in this candidacy , the Audit Commission proposes restrictions on the rights of the defendant in relation to the candidature , because only in this way will be filled imperative statutes between the parties to promote non-violence and it becomes clear that no act of violence can not lead to a resolution of intra disputes.

    A statement on the admissibility

    Abuse is acceptable as it is prescribed requirements , it is an inner- personal dispute , and therefore the dispute falls within the scope of the arbitration panel , the republic's Bureau attempted to reach an amicable settlement of the dispute , the only partially succeeded (defendant apologized to the victim and concluded peace ), it is the first arbitration, in which a dispute is resolved , it is a complaint control Commission , where there is no need to pay any deposit to pay the costs of a complaint is not a deadline , ie, the complaint timely .

    Draft arbitral award

    Therefore, we propose that the arbitration panel issued the following arbitral award ( § 4 YY) :

        Damage to the poster of 24 10th 2013 Moravian Square in Brno in the afternoon Patrik Dolezal violated his duty to refrain from interference with the property of others . Violence committed immediately after this act in the same place for at least 6 repeated blows to the head with the ring against Patrick Dolezal violated New Lukáš their obligation to refrain from interfering in the personal integrity Patrick Dolezal . The latter action was manifestly unreasonable defense of property , and the first attack against the property was next to him, apparently without meaning.
        The above personal attack New Luke was as reprehensible conduct in terms of the obligations of membership by all legal means to fight against violence as the intentional infliction of serious harm registered supporters a serious violation of statutes for which it is Lukáš new full responsibility . Because the axle was damaged remedial and does not require any compensation of the damage , this responsibility lies only in limiting the rights of the member.
        Luke The new ban is imposed on a candidate for Czech Pirate Party to public office for a period of one year from the receipt of the arbitral award (§ 8 point . A) Arbitration Procedure).
        Luke is new is required to replace an arbitration panel set costs 300 CZK lump sum transfer to the bank account of the main parties within 5 days from receipt of the arbitral award (§ 18 paragraph 3 of the Arbitration Rules ) .