Publication details

Nad veřejným zájmem v českém trestním právu hmotném a procesním

Title in English On the public interest in the Czech criminal substantive and procedural law
Authors

KANDOVÁ Katarína

Year of publication 2017
Type Article in Periodical
Magazine / Source Státní zastupitelství
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Field Law sciences
Keywords Public interest; criminal substantive law; criminal procedural law; correction of criminal injustice
Attached files
Description Following the frequently used notion of public interest in connection with strengthening of so called ´manifestations of the opportunity principle´ within prepared recodification of the criminal procedural law, the author in her submitted article thinks about its determination in the Czech criminal procedural as well as substantive law. As far as the content of this abstract notion is not quite definite in contemporary criminal jurisprudence and it is associated almost exclusively with criminal proceedings, firstly, it is determined in more general criminal law context including a historical background, whereupon it is analysed within the criminal material and formal law in their inseparable connection as it is assumed by recent theory and practice. The article is completed by author´s evaluation of content and scope of the notion of public interest in the Czech criminal law de lege lata and her consequent reflexions de lege desirata.
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