Publication details
Zásady a principy trestního práva hmotného související s rehabilitační a restituční teorií účelu trestání
| Title in English | The principles of substantive criminal law related to the rehabilitation and restitution theory of the purpose of punishment |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Proceedings |
| Conference | Zásady trestného práva v teórií a praxi. Zborník príspevkov. |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | the principle of ultima ratio; subsidiarity of criminal repression; principle of proportionality; principle of humanism; prevention; repression; individualization of the sanction; rehabilitation theory; restitution theory; purpose of punishment |
| Description | In this paper the emphasis will be placed on the topic of selected principles of substantive criminal law, which are related to the rehabilitation and restitution theory of the purpose of punishment. For this reason, in the introductory part of this paper these theories, i.e., approaches to punishment, will be briefly introduced. The following part will be devoted to individual principles of substantive criminal law, among which I included the principle of ultima ratio and the related principle of subsidiarity of criminal repression; further, the principle of humanism, i.e., the principle of humanity of criminal sanctions; the principle of proportionality and the related process of individualization of criminal sanctions, and last, but not least, also briefly the principle of the unity of criminal prevention and repression. In this paper I will present key ideas echoed in professional literature and jurisprudence devoted to this topic. |
| Related projects: |