Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.36
Pavel Maršálek
Book review on Placák, Petr. Gottwaldovo Československo jako fašistický stát. Litomyšl – Praha: Paseka – Ústav pro studium totalitních režimů, 2015, 192 s.
Pub Date : 2023-09-15DOI: 10.14712/23366478.2023.33
Avdullah Robaj
The principle of the state of law is undoubtedly one of the most important and essential principles for any state and democratic society. Its fullest realisation in everyday life is the best guarantee for the development of democracy as well as recognition and enforcement of citizensʼ fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. However, it should be borne in mind that the existence of the constitutional and legal framework is only a necessary premise for the rule of law. Equally important is the functioning of various control mechanisms for the implementation of constitutional and legal norms, and especially, the creation of a new mentality among both public officials and citizens expressed in the awareness to the needs for the implementation of these norms and in the reaction with legal and democratic means against their violation by anyone. The Balkan Peninsula represents great strategic importance, not only for the surrounding states but also for the criminal groups that interact in this region. Many Balkan states have been through and currently are in deep democratic transition and it is difficult to break away from their historical past. Although many law enforcement agencies in this region stand out for their professionalism, the impact of consecutive wars presents decisive factors for the triumph or failure of law enforcement institutions against various crimes in this European area. The last war was waged in Kosovo, which ceased in June 1999, has a significant importance in the increase of criminality in Kosovo. After 1999, due to poorly controlled borders, lack of legislation, creation of a new police, and the establishment of the justice system, many criminal groups from the field of narco-criminality took advantage of this situation by creating organized criminal networks for the purpose of trafficking narcotic substances and psychotropic substances from the country of origin, transiting through Kosovo, and continuing towards the country of destination which was in Western Europe. The current internal processes that Kosovo is facing are economic and social development, which are still far from regional and European development structures, which as a result of poverty and lack of perspective, for a significant part of Kosovan society, are resulting with a high crime rate. The geostrategic position of the Republic of Kosovo in the Balkans, as well as the created post-war conditions, enables various criminal groups to carry out organised crime activities. High levels of unemployment and poverty, high levels of corruption in state institutions, and lack of free movement outside Kosovo contribute to creating appropriate conditions for the development of criminality in general and organised crime in particular. In support of various analyses conducted during the research, is the author ha
{"title":"The Rule of Law and Criminality in the Republic of Kosovo","authors":"Avdullah Robaj","doi":"10.14712/23366478.2023.33","DOIUrl":"https://doi.org/10.14712/23366478.2023.33","url":null,"abstract":"The principle of the state of law is undoubtedly one of the most important and essential principles for any state and democratic society. Its fullest realisation in everyday life is the best guarantee for the development of democracy as well as recognition and enforcement of citizensʼ fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. However, it should be borne in mind that the existence of the constitutional and legal framework is only a necessary premise for the rule of law. Equally important is the functioning of various control mechanisms for the implementation of constitutional and legal norms, and especially, the creation of a new mentality among both public officials and citizens expressed in the awareness to the needs for the implementation of these norms and in the reaction with legal and democratic means against their violation by anyone. The Balkan Peninsula represents great strategic importance, not only for the surrounding states but also for the criminal groups that interact in this region. Many Balkan states have been through and currently are in deep democratic transition and it is difficult to break away from their historical past. Although many law enforcement agencies in this region stand out for their professionalism, the impact of consecutive wars presents decisive factors for the triumph or failure of law enforcement institutions against various crimes in this European area. The last war was waged in Kosovo, which ceased in June 1999, has a significant importance in the increase of criminality in Kosovo. After 1999, due to poorly controlled borders, lack of legislation, creation of a new police, and the establishment of the justice system, many criminal groups from the field of narco-criminality took advantage of this situation by creating organized criminal networks for the purpose of trafficking narcotic substances and psychotropic substances from the country of origin, transiting through Kosovo, and continuing towards the country of destination which was in Western Europe. The current internal processes that Kosovo is facing are economic and social development, which are still far from regional and European development structures, which as a result of poverty and lack of perspective, for a significant part of Kosovan society, are resulting with a high crime rate. The geostrategic position of the Republic of Kosovo in the Balkans, as well as the created post-war conditions, enables various criminal groups to carry out organised crime activities. High levels of unemployment and poverty, high levels of corruption in state institutions, and lack of free movement outside Kosovo contribute to creating appropriate conditions for the development of criminality in general and organised crime in particular. In support of various analyses conducted during the research, is the author ha","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"6 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":"135395389","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: 10.14712/23366478.2023.38
Jiří Mulák, Marta Fleková
Report
报告
{"title":"Z vědeckého života: zpráva z diskuzního setkání nad návrhem nového trestního řádu (tzv. rekodifikační čtvrtky)","authors":"Jiří Mulák, Marta Fleková","doi":"10.14712/23366478.2023.38","DOIUrl":"https://doi.org/10.14712/23366478.2023.38","url":null,"abstract":"Report","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"63 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":"135395397","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: 10.14712/23366478.2023.41
Miroslav Sedláček, Petra Kotápišová
Conference Report
会议报告
{"title":"The Fifth Annual Doctoral Private Law Conference Called Civilistické Pábení, this Year on Family and Child in Civil Law","authors":"Miroslav Sedláček, Petra Kotápišová","doi":"10.14712/23366478.2023.41","DOIUrl":"https://doi.org/10.14712/23366478.2023.41","url":null,"abstract":"Conference Report","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"66 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":"135395399","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: 10.14712/23366478.2023.32
Lukáš Bohuslav
The paper deals with the recent topic of plea bargaining in relation to the case-law of the European Court of Human Rights. It focuses on several areas in the Court’s jurisprudence, which are waiver of the right to a fair trial, prejudice to the accused, the right to a defense, the speed of criminal proceedings, and finally, the presumption of innocence and group cases. The paper concludes with an assessment of whether the regulation of the plea bargaining procedure is in conformity with the jurisprudence of the European Court of Human Rights.
{"title":"Úvahy de lege ferenda nad dohodou o vině a trestu ve světle judikatury Evropského soudu pro lidská práva","authors":"Lukáš Bohuslav","doi":"10.14712/23366478.2023.32","DOIUrl":"https://doi.org/10.14712/23366478.2023.32","url":null,"abstract":"The paper deals with the recent topic of plea bargaining in relation to the case-law of the European Court of Human Rights. It focuses on several areas in the Court’s jurisprudence, which are waiver of the right to a fair trial, prejudice to the accused, the right to a defense, the speed of criminal proceedings, and finally, the presumption of innocence and group cases. The paper concludes with an assessment of whether the regulation of the plea bargaining procedure is in conformity with the jurisprudence of the European Court of Human Rights.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"205 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":"135397233","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: 10.14712/23366478.2023.25
Jiří Mulák
This article deals with the basic principles of criminal procedure in the context of the forthcoming recodification of criminal procedural law. The basic principles of criminal procedure represent the guiding ideas of Czech criminal procedure and their importance is concentrated in the functions they perform. In the context of the forthcoming recodification, the legislative function is gaining importance. As the basic principles are the principles of criminal procedure, they cannot be applied in all situations and stages equally. Their characteristic features are conditionality and harmonious system, but they may also have a contrapositional character. The article draws attention to the exceptional (unique) position that these principles have in the criminal process, but it also shows the exceptions to them.
{"title":"Základní zásady trestního řízení – jejich výjimečnost a výjimky z nich","authors":"Jiří Mulák","doi":"10.14712/23366478.2023.25","DOIUrl":"https://doi.org/10.14712/23366478.2023.25","url":null,"abstract":"This article deals with the basic principles of criminal procedure in the context of the forthcoming recodification of criminal procedural law. The basic principles of criminal procedure represent the guiding ideas of Czech criminal procedure and their importance is concentrated in the functions they perform. In the context of the forthcoming recodification, the legislative function is gaining importance. As the basic principles are the principles of criminal procedure, they cannot be applied in all situations and stages equally. Their characteristic features are conditionality and harmonious system, but they may also have a contrapositional character. The article draws attention to the exceptional (unique) position that these principles have in the criminal process, but it also shows the exceptions to them.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"111 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":"135395236","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: 10.14712/23366478.2023.29
Jan Musil
The understanding of the role of preliminary proceedings within the Czech criminal process is changing in historical development. In some periods, the preliminary proceedings are given a key role in the sense that the center of evidence lies in it, while at other times, on the contrary, it is emphasized that its function is only auxiliary, since the center of evidence must lie in the proceedings before the court. Ideas are also changing about which authorities should carry out preliminary proceedings – whether it should be the police or the public prosecutor – and whether the court should also participate in the preliminary proceedings. The question of whether the participation of the accused and the defense attorney in the preliminary proceedings should be allowed is also regulated differently. These different concepts are reflected in the legislation and the wording of the Criminal Procedure Act. The author takes a position on these debatable issues and pronounces de lege ferenda.
{"title":"Role přípravného řízení v českém trestním procesu","authors":"Jan Musil","doi":"10.14712/23366478.2023.29","DOIUrl":"https://doi.org/10.14712/23366478.2023.29","url":null,"abstract":"The understanding of the role of preliminary proceedings within the Czech criminal process is changing in historical development. In some periods, the preliminary proceedings are given a key role in the sense that the center of evidence lies in it, while at other times, on the contrary, it is emphasized that its function is only auxiliary, since the center of evidence must lie in the proceedings before the court. Ideas are also changing about which authorities should carry out preliminary proceedings – whether it should be the police or the public prosecutor – and whether the court should also participate in the preliminary proceedings. The question of whether the participation of the accused and the defense attorney in the preliminary proceedings should be allowed is also regulated differently. These different concepts are reflected in the legislation and the wording of the Criminal Procedure Act. The author takes a position on these debatable issues and pronounces de lege ferenda.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"48 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":"135395235","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: 10.14712/23366478.2023.35
Oldřich Tristan Florian
The article deals with the will and related legal issues. It first discusses the historical development of the concept of will and then looks at other issues relating to it, such as its freedom. It shows the different ways in which the definition of will has been approached, and also explains how contemporary scholarship has approached the question of its freedom. In particular, the text mentions the problem of personhood as one that is related to the question of the will in contemporary legal philosophy. To be able to grant rights to someone (whether human rights in the sense of moral rights or subjective rights in general), some theories recognize as a relevant criterion precisely the will of the agent, or also its freedom. The author argues, however, that we have neither a clearly accepted definition of the will nor a generally accepted explanation regarding its freedom. This then generally puts us on thin ice when we base theories of legal personhood or laws that affect peopleʼs lives on this concept.
{"title":"Vůle a její relevance pro právní filozofii","authors":"Oldřich Tristan Florian","doi":"10.14712/23366478.2023.35","DOIUrl":"https://doi.org/10.14712/23366478.2023.35","url":null,"abstract":"The article deals with the will and related legal issues. It first discusses the historical development of the concept of will and then looks at other issues relating to it, such as its freedom. It shows the different ways in which the definition of will has been approached, and also explains how contemporary scholarship has approached the question of its freedom. In particular, the text mentions the problem of personhood as one that is related to the question of the will in contemporary legal philosophy. To be able to grant rights to someone (whether human rights in the sense of moral rights or subjective rights in general), some theories recognize as a relevant criterion precisely the will of the agent, or also its freedom. The author argues, however, that we have neither a clearly accepted definition of the will nor a generally accepted explanation regarding its freedom. This then generally puts us on thin ice when we base theories of legal personhood or laws that affect peopleʼs lives on this concept.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"68 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":"135395388","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: 10.14712/23366478.2023.26
Libor Klimek
The article deals with recodification of Slovak criminal proceedings. It is divided into three sections. The first section is focused on the early idea of recodification of Slovak national criminal law and the introduction of innovations of national criminal proceedings. While the second section is focused on adoption of new Criminal Proceeding Code No. 301/2005 Zb. and understanding of “redesigned” criminal proceedings, the third section is focused on necessary improvement of criminal proceedings in the light of the electronic monitoring of persons.
{"title":"Recodification of Slovak Criminal Proceedings: Early Ideas, Concrete Steps and Its Subsequent Application","authors":"Libor Klimek","doi":"10.14712/23366478.2023.26","DOIUrl":"https://doi.org/10.14712/23366478.2023.26","url":null,"abstract":"The article deals with recodification of Slovak criminal proceedings. It is divided into three sections. The first section is focused on the early idea of recodification of Slovak national criminal law and the introduction of innovations of national criminal proceedings. While the second section is focused on adoption of new Criminal Proceeding Code No. 301/2005 Zb. and understanding of “redesigned” criminal proceedings, the third section is focused on necessary improvement of criminal proceedings in the light of the electronic monitoring of persons.","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":"135397234","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 : 2023-06-07DOI: 10.14712/23366478.2023.19
Miklós Király
Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers.
{"title":"Specific Performance – and the International Unification of Sales Law","authors":"Miklós Király","doi":"10.14712/23366478.2023.19","DOIUrl":"https://doi.org/10.14712/23366478.2023.19","url":null,"abstract":"Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47403517","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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