Spáchanie trestného činu ako predbežná otázka:

• Authors: František Vojtuš

Title variants

EN

Criminal offense committing as a preliminary issue:

• Languages of publication: SK

Abstracts

EN

The aim of the presented paper is to analyze the problem of resolving preliminary issues in criminal proceeding namely by comparison of their legal regulations in Slovak and Czech criminal proceeding. The paper is specifically focusing on and dealing with question whether it is possible to assess the committing of criminal offense as a preliminary issue in relation to criminal offense which is not the subject of pending criminal proceeding. This problem is analyzed by comparing the practice of the courts in the Slovak Republic and Czech Republic. At the same time, it is analysed the relation between the term of criminal offense commitment and the term guilty, in the context of a question whether a criminal offense committing is supposed to be solved as a preliminary issue and as such is violation of presumption of innocence. Based on the analysis and comparison of court practice, as well as on comparison of terms criminal offense committing and guilty, we have drawn the inference that it is possible to state the committing of another criminal offense as solved preliminary issue and such statement is not violation of a presumption of innocence.

Keywords

EN

preliminary issue; criminal offense committing; guilty; presumption of innocence; statute of limitation

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
• Year: 2020
• Volume: 159
• Issue: 10
• Pages: 745-764
• Document type: ARTICLE

Contributors

author

František Vojtuš

• Právník, redakce, Ústav státu a práva AV ČR, v.v.i., Národní 18, 116 00 Praha 1, Czech Republic