Publication details
Trestný čin pomluvy: k jeho místu v trestním právu, subsidiaritě trestní represe a sankční náhradě újmy – 1. část
| Title in English | Criminal Offence of Defamation: On Its Place in Criminal Law, On Subsidiarity of Criminal Repression and On Concept of Punitive Damages |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Criminal Offence of Defamation; Defamation; Criminal Law; Criminal Liability; Subsidiarity of Criminal Repression; Punitive Damages |
| Attached files | |
| Description | The presented article analyzes the historical tendencies leading to the gradual weakening of the criminal law protection provided to honor. Criminal law protection of honor has undergone a number of significant changes in the last 150 years, and the current Czech legislation contained in Section 184 of the Criminal Code provides this individual interest with the historically narrowest degree of criminal law protection. The authors provides the same conclusion on the basis of a comparison with German, Austrian, Polish and Slovak legislation. Furthermore, the authors deal with current tendencies leading to the decriminalization of the criminal offence of defamation pursuant to Section 184 of the Criminal Code and subject them to factual criticism. Finally, at the end of the first part of the article, they point out the incorrect approach of the Constitutional Court in applying the principle of subsidiarity of criminal repression in the judgment of 5th November 2019, No. II. ÚS 474/19, in the light of the doctrinal interpretation of this basic principle of substantive criminal law. |
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