AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal 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).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica 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.

AUC IURIDICA, Vol 56 No 1 (2010), 55–71

Teoretická a ústavní východiska správního trestání

[Theoretical and Constitutional Tenets of Administrative Sanctioning]

Jan Musil

published online: 04. 02. 2015

abstract

Theoretical and Constitutional Tenets of Administrative Sanctioning There has been a continuous increase in the scope of imposing administrative sanctions over the past decades. In particular, the corporate liability for administrative infractions and other administrative delicts has witnessed a dynamic expansion. Both theory and legislation have so far failed to define clear differentiation criteria to determine, whether a particular unlawful act has to be treated as a criminal offence or rather as an administrative delict. The present-day legal regulations of administrative delicts in Czech law are quite unsatisfactory. These regulations have been criticized due to their fragmentation, heterogeneity and inextricability. Above all, they fail to define basic concepts and institutes. The rates of penalties have been set down quite randomly, which contravenes the principle of proportionality between the sanction and the gravity of the offence. The procedural regulation of administrative sanctioning has also been considered dissatisfactory. The text further focuses on the constitutional guarantees that are of importance for the area of administrative sanctions. The author emphasizes the requirement for unambiguous legal definition of a delict (lex cetra). The prosecution of administrative infractions cannot be exempt from the constitutional principles of fair trial.

Creative Commons License
Teoretická a ústavní východiska správního trestání 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

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