Publication details
Dítě a jeho nejlepší zájem v řízení následujícím po spáchání protiprávního činu
| Title in English | The child and his best interests in the proceedings following the commission of an illegal act |
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| Authors | |
| Year of publication | 2021 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The paper firstly introduces the reader to the issue of the term "child" and its definition from the perspective of various branches of public and private law, including the international dimension. For each selected branch of law, there is also a brief summary of the conditions for the emergence of child's liability, whether the offence is in the form of an act otherwise criminal, civil tort or misdemeanour. The second part of the paper follows the first part with an analysis of current changes in the case law of the Constitutional Court and the European Court of Human Rights. It mainly focuses on the proceedings against offenders of acts oth-erwise criminal and their best interests. However, the article also touches on the issue of proceedings in front of these instances due to the committing of other unlawful acts, or the examples of proceedings in which the best interests of the child are strongly promoted. The paper, therefore, focuses its attention on the current dynamics in dealing with situations where children are the perpetrators of often serious unlawful acts and despite this, it is nec-essary and justified to take their best interest into account. |
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