Publication details
Trestněprávní poměr a trestněprocesní vztah ve světle ochrany základních práv - posun paradigmatu?
| Title in English | Substantive and Procedural Relation in the Criminal Law in the Light of the Protection of Human Rights - a Shift of a Paradigm? |
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| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | victim; perpetrator; substantive relation in the criminal law; procedural relation in the criminal law; social contract theory |
| Attached files | |
| Description | This article is focused on the theoretical conception of substantive and procedural relations of the criminal law with accent to the status of the victim in the light of the decision-making of the Constitutional Court of the Czech republic and of the European Court of Human Rights. It approaches the topic with regards to the meaning of the social contract theory for the field of criminal law and later it presents an analysis of the judicature of the aforementioned courts. The conclusion shows, that not only these standpoints that these two approaches have created, might not be altogether in perfect congruence, but that the practice of the Czech Constitutional Court and that of European Court of Human Rights differs. After this particular conclusion, this article focuses on the very possibility of the victim to be a subject of the substantive relation in the criminal law with regards to the attitude of foreign legal orders towards this problem and produces a few thoughts based on the nature of the victim’s status and its mutual relation to the state, as well as to that of the perpetrator and the state with the conclusion that the substantive relation in the criminal law can persist in its two-sided form, although there is now another one - between the victim and the state. |