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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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.
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AUC IURIDICA, Vol 53 No 2 (2007), 133–141
Úmyslná usmrcení de lege ferenda
[Czech Homicide Law De Lege Ferenda]
Jaromír Hořák
DOI: https://doi.org/10.14712/23366478.2024.122
published online: 23. 01. 2025
abstract
This article is an expanded and footnoted version of the author’s paper delivered at conference on Czech Criminal Law reform held on 11 May 2007 at the Charles University Faculty of Law. It examines the phenomenon of intentional killings that take many forms in real life and differ greatly in the moral blameworthiness. Although the public is perceptive to the differences between offenders who murder in cold blood and those who kill in the heat of passion, the positive Czech law on homicide does not adequately make these distinctions. The article analyses the provisions on simple and premeditated murder that are contained in the draft law discussed at the conference and compares them to foreign and historical laws. It argues that there is a need not only for more refined distinctions between the types of conduct that qualify as crimes but that certain types of cases should ex lege be dealt with more leniently. The reason is that, in the public perception, some offenders who intentionally kill another person do not deserve to be labelled as murderers. The existing Czech law recognizes only one such case, i.e. the offence of the killing of a new born child by its mother in the course of delivery, or immediately afterwards, as a result of the mother's mental disturbance caused by the partition. The author, however, suggests that Czech law should differentiate between murder (with subtypes) and a less serious crime of manslaughter, as many other jurisdictions do. The latter category would cover situations where offenders have killed in an excusable state of excitement, out of desperation or after having been mistreated or gravely wronged by the injured party. The offence of manslaughter (simple homicide) could even include further types of “privileged killings”, such as the frequently discussed mercy killing on demand of the victim or the use of excessive force in self-defence. The article offers an extensive account of foreign regulations, especially from neighboring and other European countries, in order to discuss possible legislative variants.
keywords: Czech criminal law; Czech law reform; Czech Penal Code; homicide; murder; manslaughter; intentional killing; blameworthiness; premeditation; heat of passion; provocation
Úmyslná usmrcení de lege ferenda 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
