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Publication details
Komparace vybraných aspektů správního a soudního trestání
Title in English | Comparison of selected aspects of administrative and judicial punishments |
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Authors | |
Year of publication | 2015 |
Type | Article in Periodical |
Magazine / Source | Acta Universitatis Carolinae, Iuridica |
MU Faculty or unit | |
Citation | |
Web | Open access časopisu |
Field | Law sciences |
Keywords | nature protection; administrative punishment; criminal punishment; endangered species of animals and plants; sanctions; criminal liability; administrative liability; nature protection offences |
Attached files | |
Description | Act No. 114/1992 Coll., on nature protection provides with protection of all species of animals and plants. Endangered or rare plant and animal species are proclaimed specially protected species. The special protection represents stricter rules for their protection, such as prohibition to damage or destroy plant species and prohibition to injure or to kill animal species. This prohibiton is enforced (beside the other regulatory instruments) by the set of administrative and criminal sanctions. The problem is that identical illegal behavior (damaging and/or destroying those species) can be considered as a crime or administrative delict. The aim of this contribution is find out criteria to distinguish administrative or criminal delicts in this field, what sanctions/punishments are available, what is the relation between criminal and administrative punishment and which one seems to be more effective regarding to specially protected species. |