Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.
Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.
PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.
PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.
PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.
The journal is archived in Portico.
PRÁVNĚHISTORICKÉ STUDIE, Vol 43 No 1 (2013), 84–96
Pokus o reformu československého trestního práva – osnova trestního zákona z let 1921–1926
[The attempt to reform the Czechoslovak criminal law – the draft of the Penal Code from the period of 1921–1926]
Tomáš Jablonický
published online: 25. 02. 2015
abstract
The paper is dedicated to an attempt to reform the Czechoslovak criminal law, which was represented by a draft of the Penal Code from the period of 1921–1926. After the rise of the Czechoslovak Republic (1918) a commission for the reform of the Penal Code was established at the Ministry of Justice. The members of this commission were the two key figures of the Czechoslovak criminal law science at that time, prof. August Miřička and prof. Jaroslav Kallab. The result of their work and of the commission was a draft of the Penal Code (1921), which had the task to protect the society from crime more effectively. The commission brought several reform proposals, for instance, it emphasized the importance of the motive of the offender for the assessment of criminal act, or it suggested the traditional bi-partition of the forms of criminal guilt be replaced by a sharply delineated tri-partition. The paper also aims to analyse the background of the origin of the Protection of the Republic Act (1923), which adoption was influenced by the assassination of the former Czechoslovak Minister of Finance dr. Alois Rašín. The paper concludes with the fate of the reform draft of the Penal Code, its amendment and improvement (1926), and the intention of its enactment (1928), which, however, – for several reasons – failed to materialize.
Pokus o reformu československého trestního práva – osnova trestního zákona z let 1921–1926 is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0079-4929
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