Publication details
Materiální a (nebo) procesní korekce trestního bezpráví
| Title in English | Material and (or) procedural correction of criminal injustice |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Trestněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Material corrective; procedural corrective; criminal injustice; principle of subsidiarity; principle of opportunity |
| Attached files | |
| Description | Submitted article deals with correction of eventual injustice of impact of general criminal law rules on adjudicating criminal responsibility in individual cases. Firstly, it generally determines different possibilities of such correction of criminal injustice within the criminal substantive law as well as criminal procedural law. Consequently, it applies these general findings on the Czech criminal law regulation, while – for better understanding – it explains its development since force of the Act No. 140/1961 Coll., Criminal Code, until regulation de lege lata according to the Act No. 40/2009 Coll., Criminal Code, in connection with amendments of procedural statute, the Act No. 141/1961 Coll., Code of Criminal Procedure. Afterwards, it displays present legal regulation of material and procedural correction of criminal injustice in the Czech criminal law to the critical analysis with help of partial comparison with foreign legal regulations. At the end, the article submits reflections de lege ferenda and from the theoretical point of view, it does not find the Czech form of “duplicate” correction of criminal injustice appropriate. |
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