Časová působnost trestních zákonů a některé její vybrané problémy v praxi

• Main Author: Sýkora, Michal
• Other Authors: Šámal, Pavel
• Format: Dissertation
• Language: Czech
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-315838

1 Abstract The essay is taking through the current problems with the time applicability of the criminal (penal) law in the Czech republic, especially with the view of new Criminal Code no. 40/2009, which has taken place on 1st January 2010 (but the new Criminal Code was in progress for several years). The theoretical part of the essay is about the basic questions of the criminal (penal) law's time applicability, the sources of the law (both national and international) from the past and present, also the basic theoretical insights into the time applicability and finally its current adaptation in the Czech law system and the changes brought by the new Criminal Code. The most significant and serious change in the Criminal Code regarding to the time applicability is to be able to establish the exact time of the criminal act. The previous absence of this adjustment in the Criminal Code no. 140/1960 have caused disagreements between the theory and the judicature, whether the actual time of the criminal act is once the crime has been accomplished or when the criminal act hase been committed. The new Criminal Code have uniquely determined this to be once the criminal act has been committed which means no future disagreements with that issues. The practical part of the essay is describing and dealing with problems...