Publication details
Chce být klamán svět, v němž není nic, co není ve spise?
| Title in English | Does the World, in Which Nothing Exists if It is Not in the Case File, Wants to Be Deceived? |
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| Authors | |
| Year of publication | 2018 |
| Type | Article in Proceedings |
| Conference | Trestní právo (stále) v pohybu. Pocta Vladimíru Kratochvílovi |
| MU Faculty or unit | |
| Citation | |
| Keywords | error of a court; error of a public power body; deception by a procedural party; fraud |
| Attached files | |
| Description | This contribution deals with the problem of an error on the part of the court or other body of public power in its decision making process due to a deception by one of the parties of the proceedings. The main question is whether such a procedural party can commit a crime of fraud by doing so, i. e. if there is a person who would be brought in the state of error by such an act in these situations. The contribution presents and summarizes current development of the case law on this subject, analyzes its outcomes, points out that these outcomes are a bit inconsistent when it comes to the application of the criteria used to differet types of bodies of public power and different types of legal proceedings. It also tries to formulate a criterion that would allow consistency. |