Publication details

Trestání recidivy v době tzv. nouzového stavu vyhlášeného v České republice v souvislosti s COVID-19

Title in English Punishment of recidivism during the so-called state of emergency declared in the Czech Republic in connection with COVID-19


Year of publication 2022
Type Article in Proceedings
Conference Problematika recidivy v trestnej politike šťátu: Pocta Dr.h.c. prof. JUDr. Jaroslavu Ivorovi, DrSc.
MU Faculty or unit

Faculty of Law

Keywords the crime of theft; state of emergency; recidivism; punishment; disproportionate punishment; case law
Description The present paper deals with the question of the appropriateness of punishments imposed during the state of emergency declared in the Czech Republic during the COVID-19 disease pandemic.The courts initially failed to adopt a unified position on whether to consider the commission of petty crime, especially theft, during the state of emergency as a more serious type of criminal activity, which entails the imposition of a more severe punishment. This led to a paradoxical situation whereby the commission of an offence during a state of emergency, even though the offence had no causal link with the declared state of emergency, led to the imposition of completely disproportionate sentences in conjunction with another circumstance which conditioned the imposition of a higher penalty rate (recidivism), which contradicted the overall concept of criminal justice at the present time.

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