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.
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AUC IURIDICA, Vol 61 No 1 (2015), 73–86
Příčinná souvislost jako podmínka pro správní trestání
[Causality as a Condition for Administrative Punishment]
Tereza Snopková
published online: 03. 05. 2015
abstract
In the article I deal with the basic requirements of the liability for administrative offences. The administrative offence is defined as a conduct of a natural or legal person which is violating public law duties, interferes into social relations and which has formal as well as material elements expressed by the law. The law defines the punishment applied by the administrative authority. Formal elements of the administrative offence involve physical elements which are: conduct (positive or negative act in violation of public law), causal relationship and the consequence – effect. The administrative liability is based on the existence of the causal relationship (causal nexus) between the conduct and the effect. In the context of administrative punishment it is not enough to detect harmful consequence – effect. A prerequisite for the application of liability for administrative offences is always unlawful conduct which is associated with the effect through the causal realationship. When analysing the administrative liability it must be distinguished between the form of no-fault liability and the fault liability.
keywords: administrative offence; causal relationship; strict liability; fault liability; unlawful conduct správní delikt; příčinná souvislost; objektivní odpovědnost; subjektivní odpovědnost; protiprávní jednání
Příčinná souvislost jako podmínka pro správní 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
