Publication details
Policejní orgán a pojetí trestného činu v novém trestním zákoníku
| Title in English | Police Authority and the Conception of Criminal Offence in New Criminal Code |
|---|---|
| Authors | |
| Year of publication | 2010 |
| Type | Article in Periodical |
| Magazine / Source | Trestněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | the conception of criminal offence; dangerousness of the crime for the society;social harmfulness;subsidiarity of the criminal repression; ultima racio |
| Description | Since the 1st January 2010 the police authority got into relatively new position in assessing if certain behaviour is a criminal offence or not. The term dangerousness of the crime for the society, which was for the police authority the clear and experienced clue, was replaced with the term social harmfulness. Moreover, in relation to the formal conception of the criminal offence the police authority have to deal with the newly introduced principle of subsidiarity of the criminal repression and with the connected principle of ultima racio. It means that the police authority should have the knowledge of the noncriminal legal norms on theirs basis it should assess the above mentioned. Here could negatively show the customariness in its proceedings and the lack of interest in further education and in deepening of the already acquired knowledge. |