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.
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AUC IURIDICA, Vol 53 No 2 (2007), 11–22
Některé aktuální problémy návrhu kodifikace trestního zákoníku v roce 2007
[A Few Actual Issues of the Criminal Code Codification Concept]
Pavel Šámal
DOI: https://doi.org/10.14712/23366478.2024.108
published online: 23. 01. 2025
abstract
The Czech Republic, analogous to the other post-communist countries of the Central and Eastern Europe, face the challenge to create a new modem Criminal Code, which includes a need of discussion and legislative processing of questions and institutes, that despite a Jong-term criminal substantive law code preparation, continue to draw attention of the specialized legal society. This entry shows in a few general and other most important issues of the Criminal Code concept, such as problems of material and formal conception of a criminal offence, criminal responsibility of legal entities, exercise of the criminal prosecution of the offences in relation to business area, but also the general issue of euthanasia and related killing on request offence (mercy-killing offence), or a question of extremely dangerous recidivism etc. These issues are not only named in this entry, but there are also solutions as a base of a potential discussion. The code is based on the forma! conception of a criminal offence and it is refered in this connection to the possibility of using the subsidiary role of criminal prosecution principle and a principle “ultima ratio” arising therefrom, which means that a criminal prosecution is the ultimate instrument in the relation to another legal delict regulations (administrative, civil, business etc.). This is a basic principle also for solving problems of exercising criminal prosecution in the area of offences related to business. That is why the attitudes to some newly proposed offences in relation to business were revised. In terms of the legal entities criminal responsibility, which probably won't be authorized in context of the new Criminal Code concept, a solution in the area of administrative sentencing presents itself. The killing on request problem should be solved globally on the basis of broad public discussion in relation to detailed regulation in the Health Care Law, where should be primarily regulated the patients possibility to express an option not to be treated in case of falling into a status without a chance to express his will (problem of so-called living will). Responsible approach is also necessary in reference to the extremely dangerous recidivism inherently related to recidivism of criminal activity, which continues to be considered as a very serious and dangerous fenomenon.
keywords: criminal code; codification of criminal substantive law; forma] conception of a criminal offence; material conception of a criminal offence; subsidiarity of criminal prosecution; ultima ratio; criminal responsibility of legal entities; a crime in relation to business; euthanasia; killing on request; extremely dangerous recidivism
Některé aktuální problémy návrhu kodifikace trestního zákoníku v roce 2007 is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
E-ISSN: 2336-6478
