Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.40
Marta Fleková
Conference Report
会议报告
{"title":"Zpráva z mezinárodní vědecké konference Košické dny trestního práva 2023","authors":"Marta Fleková","doi":"10.14712/23366478.2023.40","DOIUrl":"https://doi.org/10.14712/23366478.2023.40","url":null,"abstract":"Conference Report","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.24
Tomáš Gřivna
The paper discusses the basic principles of criminal procedure as set out in the draft of the new Criminal Procedure Code. The author also presents the work of the recodification commission on these principles. He mentions the problems connected with their expression in the text of the code and their systematic arrangement. Two principles are examined in detail. Concerning the principle of legality, he considers the discretionary powers of the prosecutor and the method of controlling compliance with it. With regard to the principle of substantive truth, he discusses the extent to which this principle is eroded by institutions adopted from other legal systems.
{"title":"Problematické aspekty základních zásad v návrhu rekodifikace trestního procesu","authors":"Tomáš Gřivna","doi":"10.14712/23366478.2023.24","DOIUrl":"https://doi.org/10.14712/23366478.2023.24","url":null,"abstract":"The paper discusses the basic principles of criminal procedure as set out in the draft of the new Criminal Procedure Code. The author also presents the work of the recodification commission on these principles. He mentions the problems connected with their expression in the text of the code and their systematic arrangement. Two principles are examined in detail. Concerning the principle of legality, he considers the discretionary powers of the prosecutor and the method of controlling compliance with it. With regard to the principle of substantive truth, he discusses the extent to which this principle is eroded by institutions adopted from other legal systems.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.30
Jiří Říha
The article is focused on the appeal as an ordinary judicial remedy against a judgment and its procedure in the draft Criminal Procedure Code. The article presents the concept of legal regulation of appeals in the draft of the new Criminal Procedure Code prepared by the Commission for the New Criminal Procedure Code. It focuses on the basic foundations of the new regulation and the most significant changes compared to the current version of the Criminal Procedure Code in force in the Czech Republic.
{"title":"Odvolání a jeho koncepce v návrhu trestního řádu","authors":"Jiří Říha","doi":"10.14712/23366478.2023.30","DOIUrl":"https://doi.org/10.14712/23366478.2023.30","url":null,"abstract":"The article is focused on the appeal as an ordinary judicial remedy against a judgment and its procedure in the draft Criminal Procedure Code. The article presents the concept of legal regulation of appeals in the draft of the new Criminal Procedure Code prepared by the Commission for the New Criminal Procedure Code. It focuses on the basic foundations of the new regulation and the most significant changes compared to the current version of the Criminal Procedure Code in force in the Czech Republic.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.27
František Púry, Martin Richter
The article deals with the interdisciplinary context on the concept of damages and names the current issues that these contexts bring to the decision on damages in the so-called adhesion proceedings, which is part of criminal proceedings. First, the divergences in the concept of damages under civil law and substantive criminal law are discussed. Next, the article discusses the fundamental differences in the application of a private law claim in criminal and civil proceedings, which may affect the actual decision on the claim. Finally, the article discusses possible differences in the understanding of damages in civil court proceedings and in the adhesion proceedings themselves in the context of criminal proceedings, which, in the authors’ opinion, are the most controversial and fundamentally problematic, but the consistent enforcement of a completely identical understanding of the claim in civil court proceedings and in adhesion proceedings, which are part of criminal proceedings, may pose similarly serious problems of principle.
{"title":"Problematické aspekty rozhodování o náhradě škody v tzv. adhezním řízení","authors":"František Púry, Martin Richter","doi":"10.14712/23366478.2023.27","DOIUrl":"https://doi.org/10.14712/23366478.2023.27","url":null,"abstract":"The article deals with the interdisciplinary context on the concept of damages and names the current issues that these contexts bring to the decision on damages in the so-called adhesion proceedings, which is part of criminal proceedings. First, the divergences in the concept of damages under civil law and substantive criminal law are discussed. Next, the article discusses the fundamental differences in the application of a private law claim in criminal and civil proceedings, which may affect the actual decision on the claim. Finally, the article discusses possible differences in the understanding of damages in civil court proceedings and in the adhesion proceedings themselves in the context of criminal proceedings, which, in the authors’ opinion, are the most controversial and fundamentally problematic, but the consistent enforcement of a completely identical understanding of the claim in civil court proceedings and in adhesion proceedings, which are part of criminal proceedings, may pose similarly serious problems of principle.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.31
Filip Ščerba
The article deals with the possibilities of using an agreement upon guilt and punishment and a statement of guilt during individual phases of criminal proceedings, primarily, during trial and after the commencement of proof. This problem is solved from the point of view of legal admissibility and from the point of view of its usefulness when the current practice of the courts is taken into consideration. Attention is also paid to the punishment imposed in agreement upon guilt and punishment or following a statement of guilt, with respect to the stage in which this procedure is applied. The article also offers some consideration regarding the validity of entering into the agreement upon guilt and punishment at the very beginning of an investigation.
{"title":"Využitelnost dohody o vině a trestu a prohlášení viny v jednotlivých stadiích trestního řízení","authors":"Filip Ščerba","doi":"10.14712/23366478.2023.31","DOIUrl":"https://doi.org/10.14712/23366478.2023.31","url":null,"abstract":"The article deals with the possibilities of using an agreement upon guilt and punishment and a statement of guilt during individual phases of criminal proceedings, primarily, during trial and after the commencement of proof. This problem is solved from the point of view of legal admissibility and from the point of view of its usefulness when the current practice of the courts is taken into consideration. Attention is also paid to the punishment imposed in agreement upon guilt and punishment or following a statement of guilt, with respect to the stage in which this procedure is applied. The article also offers some consideration regarding the validity of entering into the agreement upon guilt and punishment at the very beginning of an investigation.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.28
Jaroslav Fenyk, Jan Provazník
The paper focuses on an overview of the Draft New Code of Criminal Procedure’s chapter covering searching for, discovering, and securing information, items, electronic data, and documents important for criminal procedure. It is divided into two main parts. The first is a brief introduction to the new conception in a general manner and strives to provide a comprehensive analysis of its main cornerstones and traits, the second consists of an analysis of the most important novelties in particular areas such as a new regime for securing electronic data, new rules for the search of premises where advocacy is conducted, a determination of ownership of a secured item etc. It also brings a discussion of a few chosen elements, which the authors deem as controversial or important. Where the text of the draft is criticized, possible solutions are also recommended.
{"title":"Zajištění informací a věcí v návrhu nového trestního řádu","authors":"Jaroslav Fenyk, Jan Provazník","doi":"10.14712/23366478.2023.28","DOIUrl":"https://doi.org/10.14712/23366478.2023.28","url":null,"abstract":"The paper focuses on an overview of the Draft New Code of Criminal Procedure’s chapter covering searching for, discovering, and securing information, items, electronic data, and documents important for criminal procedure. It is divided into two main parts. The first is a brief introduction to the new conception in a general manner and strives to provide a comprehensive analysis of its main cornerstones and traits, the second consists of an analysis of the most important novelties in particular areas such as a new regime for securing electronic data, new rules for the search of premises where advocacy is conducted, a determination of ownership of a secured item etc. It also brings a discussion of a few chosen elements, which the authors deem as controversial or important. Where the text of the draft is criticized, possible solutions are also recommended.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.34
Veronika D’Evereux
The paper is focused on some issues of the current Israeli-Palestinian conflict from the point of view of international law. The main topic is terrorism, the question of the possibility of viewing terrorism as a new form of aggression is examined. This part is followed by a chapter on the internal structure of Palestinian representation. Attention is also given to more general issues of responsibility of some non-state actors, rebel movements, de facto authorities, de facto government, de facto regimes, and private individuals. This is followed by the main part of this paper, which is dedicated to the issues of the attribution of the actions of the Hamas movement to the Palestinian Authority.
{"title":"K některým aktuálním mezinárodněprávním otázkám spojeným s izraelsko-palestinským konfliktem","authors":"Veronika D’Evereux","doi":"10.14712/23366478.2023.34","DOIUrl":"https://doi.org/10.14712/23366478.2023.34","url":null,"abstract":"The paper is focused on some issues of the current Israeli-Palestinian conflict from the point of view of international law. The main topic is terrorism, the question of the possibility of viewing terrorism as a new form of aggression is examined. This part is followed by a chapter on the internal structure of Palestinian representation. Attention is also given to more general issues of responsibility of some non-state actors, rebel movements, de facto authorities, de facto government, de facto regimes, and private individuals. This is followed by the main part of this paper, which is dedicated to the issues of the attribution of the actions of the Hamas movement to the Palestinian Authority.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.39
Jakub Drápal
Report
报告
{"title":"Jubilejní X. Kriminologické dny na pražských právech","authors":"Jakub Drápal","doi":"10.14712/23366478.2023.39","DOIUrl":"https://doi.org/10.14712/23366478.2023.39","url":null,"abstract":"Report","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.37
Jiří Mulák, Marta Fleková
Conference Report
会议报告
{"title":"Z vědeckého života: zpráva z mezinárodní vědecké konference Opravné systémy a opravné prostředky v trestním řízení","authors":"Jiří Mulák, Marta Fleková","doi":"10.14712/23366478.2023.37","DOIUrl":"https://doi.org/10.14712/23366478.2023.37","url":null,"abstract":"Conference Report","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.23
Vladimír Pelc
The article deals with the issue of adversarialism in relation to Czech criminal proceedings. Although it is a frequently mentioned aspect of the criminal process, adversarialism has not yet been established in Czech criminal law scholarship in the broader professional discourse. Legal practice also treats this concept rather restrainedly and selects certain partial aspects of this problem. In the Czech environment, therefore, one cannot yet speak of a doctrine of adversarialism. It is questionable whether the new Criminal Procedure Code, if adopted, could change this, since it explicitly mentions adversarialism. The author is of the opinion that adversarialism is an immanent part of every criminal process, especially criminal proceedings before the court. He considers adversarialism to be a principle which he elaborates in a broader context than is usually stated. He sees the essence of adversarialism in the legitimate clash of allegations and legal opinions, not merely in the right to be informed of the substance of oneʼs accusation and the right to comment on such an accusation. He considers the audiatur et altera pars rule to be the very minimum and unbreakable guarantee of an adversarial finding of law.
{"title":"Koncept kontradiktornosti v trestním řízení","authors":"Vladimír Pelc","doi":"10.14712/23366478.2023.23","DOIUrl":"https://doi.org/10.14712/23366478.2023.23","url":null,"abstract":"The article deals with the issue of adversarialism in relation to Czech criminal proceedings. Although it is a frequently mentioned aspect of the criminal process, adversarialism has not yet been established in Czech criminal law scholarship in the broader professional discourse. Legal practice also treats this concept rather restrainedly and selects certain partial aspects of this problem. In the Czech environment, therefore, one cannot yet speak of a doctrine of adversarialism. It is questionable whether the new Criminal Procedure Code, if adopted, could change this, since it explicitly mentions adversarialism. The author is of the opinion that adversarialism is an immanent part of every criminal process, especially criminal proceedings before the court. He considers adversarialism to be a principle which he elaborates in a broader context than is usually stated. He sees the essence of adversarialism in the legitimate clash of allegations and legal opinions, not merely in the right to be informed of the substance of oneʼs accusation and the right to comment on such an accusation. He considers the audiatur et altera pars rule to be the very minimum and unbreakable guarantee of an adversarial finding of law.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135395219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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