Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).
The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.
AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.
The AUCI journal uses the Creative Commons license: CC BY 4.0.
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AUC IURIDICA, Vol 50 No 1 (2004), 265–278
Právní charakter zásahu do lidského těla v českém a evropském právu
[Legal Status of an Intervention Into Human Body in Czech and European Law]
Ondřej Dostál
DOI: https://doi.org/10.14712/23366478.2025.47
published online: 14. 02. 2025
abstract
One of the key issues in criminal and medical law is the legal nature of medical interventions and other invasions of the integrity of human organism. The main problem is whether the interventions as such are legal or illegal and on which conditions can informed consent of the affected individual exclude criminal liability of the person who carried out the intervention. The answer to this question can differ according to the nature of the intervention. The development of human rights doctrine in European states lays increasing emphasis on the dignity of an individual and the right to decide freely about own health. This development is expressed in various documents of the Council of Europe and EU, above all in the Biomedicine Convention and the Charter of Fundamental Rights. In connection with its EU accession, the Czech Republic has to accept the principles enshrined in these documents. This will affect not only the texts of national laws, but also the Czech legal theory. This article applies the rules of the Biomedicine Convention on the Czech criminal and medical law. The invasions of human integrity are divided into several groups, based on their medical or non-medical nature and on the existence or non-existence of informed consent with the intervention. The legality of every group of interventions is analysed according to the principles of European human rights law. The author tries to develop some basic guidelines for judicial review of individua! cases. For this purpose, the concept of informed consent is made subject of more detailed analysis. The author interprets the legal duty to inform the patient and to obtain a valid consent with the intervention. The possible standards for adequate disclosure are examined and the legal consequences of an invalid consent are analysed from a comparative point of view.
Právní charakter zásahu do lidského těla v českém a evropském právu is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
