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 54 No 2 (2008), 61–86
Účinky europeizace na postavení oběti a poškozeného v trestním řízení i mimo něj
[The Impact of Europeisation on the Victim’s Position in Criminal Proceedings]
Tomáš Gřivna
DOI: https://doi.org/10.14712/23366478.2024.74
published online: 24. 01. 2025
abstract
The problems of dealing with crime victims are covered in the Process of europeisation. The activities of the Council of Europe and of authorities of the EU affect the victim’s position in criminal proceedings, the extent of their rights and the protection of their interests. Under the resolutions of the Council of Europe, agreements (conventions) are the only form of legally binding documents. In matters of EU law, directives and framework decisions are the only instruments applicable to regulating the rights and interests of crime victims. Europeisation is focused on two areas. The less problematic one seems to be the sphere of compensation of victims of violent crimes. Here it is necessary to keep in mind the European convention on the compensation of victims of violent crimes from the year 1983 and the Directive of EU Council relating to compensation to crime victims from the year 2004. The obligations are formulated definitely and specifically. The question of victim’s position in criminal proceedings is more problematic. The diversity of legal regulations in each particular state results in the problem of finding consensus regarding this topic. The legal instrument of harmonisation in this topic is the framework decision of EU Council on the standing of victims in criminal proceedings from the year 2001. The obligations are formulated less certainly and specifically, as they permit more exceptions. The Czech legal regulation is in harmony with obligations both the Council of Europe and EU law regarding the compensation of victims. On the contrary the transposition of the framework decision on victims’ standing isn’t without problems. In particular, there are differences between Czech law and the framework decision in numerous areas: 1) Czech law doesn’t require state authorities to provide victims as much information as set forth in the framework decision (art. 4); 2) Czech law restricts the victims’ rights more than in the framework decision, by limiting certain rights only to victims, who are in the position of witness (art. 8); 3) Czech law is silent on the issue of specific rights of foreign victims, whereas framework decision lays down guidelines for such rights (art. 11). The European institutions may check whether the Czech law adopts the regulation and obligations arising from the framework decision. The European Court of Justice has previously adjudicated situations regarding harmonisation of EU laws in other foreign countries (especially judgement on the merits Pupino and on the merits Dell’Orto). It is necessary to make our legislation in conformity with the framework decision.
keywords: Europeisation and victims of crime; the compensation of victims; the standing of victims in criminal proceedings; the judgement of the European Court of Justice on the merits Pupino; the judgement of the European Court of Justice on the merits Dell’Orto; the act of victim’s compensation in the Czech Republic; the European convention on the compensation of victims of violent crimes
Účinky europeizace na postavení oběti a poškozeného v trestním řízení i mimo něj 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
