National Repository of Grey Literature 3 records found  Search took 0.01 seconds. 
The principle of subsidiarity in a criminal law
Raček, Pavel ; Novotný, Oto (advisor) ; Šámal, Pavel (referee)
The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...
Principle of Subsidiarity of Criminal Repression
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
in English The submitted rigorosum thesis comprehensively discusses one of the fundamental principles of criminal law - the principle of subsidiarity of criminal repression, a plane in doctrinal, legislative, judicial and comparative. The thesis is divided into nine chapters (including introduction and conclusion). The introduction is followed by the second chapter, which deals with the central concept of constitutional theory - a democratic legal state and its attributes. In this part are mentioned principles of law and the rule of law, to a lesser extent, they are then represented the principles of a democratic state. The third chapter is made of a treatise on the fundamental principles of substantive criminal law. First is the legal-theory, explained the concept of principle (principle), formulated relationship between basic principles and functions of substantive criminal law, indicated grading system of fundamental principles and in this context it briefly discussed the basic principles, which are both constitutionally subject (the principle of legal certainty , the principle of humanism, the principle of proportionality, the principle of individual responsibility towards the whole, nullum crimen sine lege) secondly, they are regulated at the level of ordinary law (principle of individual...
The principle of subsidiarity in a criminal law
Raček, Pavel ; Novotný, Oto (advisor) ; Šámal, Pavel (referee)
The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...

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