Publication details
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| Title in English | The best interest of the child in the proceeding following the commission of an illegal act |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Trestněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Child younger than fifteen years of age; the best interest; case-law; ECHR; offender of the act otherwise known as criminal |
| Attached files | |
| Description | The article deals with the issue of the best interests of the child from the point of view of various procedural positions. This issue is generally neglected and any court decision that deals with it is more than welcome. Last year, the Constitutional Court issued a judgment of 14 April 2020, file no. IV. ÚS 950/19, which analyzes the individual procedural guarantees of the child in detail according to his position in the proceedings and sets the dynamics of decision-making of general courts in a clearer direction. The article first introduces the reader to the issue of the term "child" and its definition from the perspective of various branches of public and private law, including the international dimension. The second part of the article follows the first part with an analysis of the current development of case law, especially the Constitutional Court and the European Court of Human Rights. Above all, it focuses on the proceedings against offenders of acts otherwise criminal and their best interests. However, the article also touches on the issue of proceedings in front of these instances due to the committing of other unlawful acts, or the examples of proceedings in which the best interests of the child are strongly promoted. |
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