Publication details
Ještě jednou k zásadě subsidiarity trestní represe v teorii a praxi českého trestního práva
| Title in English | Once more on the principle of subsidiarity of criminal repression in theory and practice of the Czech criminal law |
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| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Trestněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | principle; subsidiarity of criminal repression; notion of criminal offence; corrective of criminal injustice |
| Attached files | |
| Description | In her submitted writing, the author completes her thoughts about the principle of subsidiarity of criminal repression presented in her other articles and at the same time, she reacts on recent practice of the Supreme Court and the most current specialized texts discussing about this principle. Firstly in general, she reminds various notions of criminal offence in present theory and practice of the Czech criminal law, and continues with historical and comparative insight into the topic of analyzed principle and related criminal law notions. On the basis of these general outcomes, she subsequently considers whether the Section 12 (2) of the Criminal Code is interpreted and applied really as a principle. Last but not least, she points out certain consequences of various conditions of (non-)use of the principle of subsidiarity of criminal repression in the Czech criminal law, mainly in light of decision-making practice of the Supreme Court. |
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