Publication details
§ 1 až § 25
| Title in English | Sec. 1 to sec. 25 |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | These two chapters present a thorough legal commentary of Chapters I and II (excluding sec. 26 and sec. 27) of General Part of Criminal Code. They provide an overview of accessible and generally accepted authoritative legal texts on interpretation and application of the norms contained in them with special emphasis on case law both of general courts and of the Constitutional Court and also of European Court for Human Rights and Court of Justice of European Union where necessary or useful. They also discuss problematic points of these texts' outcomes or problems which haven't been pointed out so far with a proposal of a proper solution based on qualified reasons. Chapter I prescribes the rules for temporal, territorial and personal scope of application of substantive criminal law's statutes (prohibition of retroactivity to the detriment of the perpetrator, conflict of time scopes of criminal statutes, principles of personality, territoriality, protection and universal jurisdiction). Chapter II stipulates legal norms of the foundations of criminal liability (notion of crime, body of a crime, categorization of crimes, subjective element and error both of fact and of law, requirements on a perpetrator, inchoate crimes and criminal cooperation). |