Publication details
Práce odsouzeného, jeho odměna a Konf
| Title in English | Work of the Convicted, Their Remuneration, and "Konf" |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Trestněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Keywords | Work of the Convicted, Remuneration of the Convicted, Special Tribunal, Labour law, Constitutional la |
| Description | The article examines the nature of the work performed by prisoners and the nature of their remuneration for such work. This issue is currently inconsistently addressed in Czech law. The article presents relevant material and offers its own perspective on the nature of prisoners' work and their remuneration. It argues that the legal relationship between the prisoner and the entity for which the prisoner works has a public law character, meaning that any disputes should not be resolved in civil court proceedings. The article thus does not support the conclusions of the special tribunal (known as Konf), which ruled that these disputes belong to civil judiciary, and emphasizes the importance of legal argumentation in overcoming the jurisprudence of higher courts. The content of the article connects otherwise separate areas of law, particularly international, constitutional, criminal, civil procedural, and (private) labor law. |