Publication details
Vlastnictví, squating a subsidiarita trestní represe
| Title in English | Possession, Squating and the Subsidiarity of Criminal Represion |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Proceedings |
| Conference | Košické dni trestného práva 2023, VII. ročník, Ochrana vlastníckeho práva normami trestného práva |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Doi | http://dx.doi.org/10.33542/OVP-0270-1 |
| Keywords | possession; protection of possession; duty of prevention; abandonment; squatting; subsidiarity of criminal repression; unlawful interference with the right to a house - apartment or non-residential premises |
| Description | This paper first discusses what is meant by possession being binding and what specific content is fulfilled by this right and how it should be reflected in the owner's behaviour in relation to his property. Closely related to this, of course, is whether the owner has a right to leave the thing in his possession. In the case of such an abandoned thing or property, there is a real chance that a squat will arise within it, where a more detailed definition of squatting and related concepts is also necessary. The issue of squatting is perceived by both the lay and professional public as highly controversial. The main argument against it is that private property is inviolable, even when the owner does not use it. In the case of occupation of abandoned property, will it be possible to treat the actions of squatters as a criminal offence of unauthorised interference with rights to a house, flat or non-residential premises? The answer to this question must be seen in the context of a closer analysis and understanding of the principle of subsidiarity of criminal repression which will also be the subject of analysis. In the context of the whole paper, it is legitimate that the support of all claims based on the context of the related case law is absolutely necessary. |