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1

KEĎ SA NAMIETA SUDCA

100%
Šeliga J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2016
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vol. 99
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issue 4
310 – 330
EN
That article deals with the issue of bias and impartiality of the judge especially through the prism of the argument ad hominem, in context of so called anti-discrimination action, or the famous case named „Čentéš“. Thesis of the article claims that successful use of the ad hominem depends on size of the “touched” group by argument. With regard to the objection of bias of the judge author explains that the objecting to one judge as biased has greater chances to succeed than if we object all the judges. Arguments which article provides for the defence of the postulated thesis can be divided into two related categories. The first category says that, the subjective or objective test of bias, respectively impartiality of the judge in certain situations can be understood as a methodological tool for the system, rather than as a qualifying element of the whole system. The second category of argument is founded on the requirement of vertical institutional cohesion among concepts of democracy, justice and judges. The article also covers the argument ad hominem as such. Especially it deals with situations when this argument may be considered as a logical error or when it is correct argument within the argumentation scheme.
2

NA ROZMEDZÍ MEDZI ZÁKONNOSŤOU VÄZBY A NESTRANNOSŤOU SUDCU V TRESTNOM KONANÍ

100%
Mokrá I.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 1
51 – 63
EN
The requirement of legal decision-making in criminal proceedings has never been more desirable than in the era in which we are witnesses of numerous procedural errors leading to the violation of fundamental rights and freedoms, especially the right to personal freedom. In this regard, it is therefore not surprising that the decision making practice of judges in criminal proceedings is currently facing considerable media pressure, which after recent legislative changes concerning the shortening of the term of collusive custody, or the declaration of an explicit requirement for judges to consider the reasonableness of the accusation when deciding on custody, increased even more. However, the contribution in question looks at the issue of decision-making about custody through the lens of the right to a fair trial before an independent and impartial court.
3

HĽADANIE PRAVDY V HISTÓRII PRÁVA (INAUGURAČNÁ PREDNÁŠKA)

88%
Gábriš T.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2018
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vol. 101
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issue 2
113 – 127
EN
The contribution reflects an inaugural lecture of the author, held at the premises of the Faculty of Law, Comenius University in Bratislava, Slovakia, on March 23, 2017. The topic of the lecture combines the interests of the author in law, history and philosophy, and deals with the problem of possibility of uncovering truth in law (trial) and in (legal) history. Comparing the two disciplines, and the role of a judge with that of a historian, while using insights from the philosophy of knowledge and truth, the author proposes applying the correspondence theory of truth where this is possible; in all the other instances, expert epistemic probability with no rational doubts should be the leading principle, while observing the respective imperatives of the respective science (law or history).
4
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PRÁVO NA OBHAJOBU V KANONICKÉM TRESTNÍM PROCESU

75%
Menke M.
Studia theologica
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2013
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vol. 15
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issue 2
153–167
EN
The article summarizes the options for the right to defence in the penal canonical process. The right to defence is one of the fundamental rights of believers. The relevant norms of the Code of Canon Law are to be found both in the part concerning the basic rights and obligations of believers, as well as in the part concerning the procedures. The requirement for the public good of the Church clearly states the need to allow this right of defence to be exercised in order to guarantee the fairness of the process and any imposition of a penalty. A violation of the rights to defence may cause irreparable defect to the invalidity of the judgement. The right to defence is guaranteed in the penal process particularly by the compulsory service of an advocate, the right of the accused to be heard and the right to object in the process of the trial.
5
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Katolický aktivista a politický vězeň dr. Josef Myslivec. Pokus o analýzu jeho zatčení a vyšetřování

75%
Otýpková P.
Studia theologica
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2010
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vol. 12
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issue 1
63-71
EN
This article attempts to analyze the arrest, investigation and trial of dr. Josef Myslivec, a catholic activist in the 1950s, whose name is known mainly in connection with byzantology and medieval iconography of the Eastern Christianity. Dr. Josef Myslivec was charged with high treason and sentenced to 10 years in prison. The article describes the role of his colleagues and his investigators in that case.
6

HISTORICKO-JAZYKOVÉ SÚVISLOSTI TERMÍNOV SÚD – SUDCA – SÚDENIE VO VEĽKOMORAVSKOM PRÁVE

75%
Jáger R.
Slavica Slovaca
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2023
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vol. 58
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issue 2
225 - 236
EN
In this publication, we primarily point out how court, judge and judging were referred to in the Nomocanon (and secondarily in other normative texts of the Great Moravian period). We will also pay attention to the origin of these terms and try to determine whether these terms were also known in Old Slavic Language, i.e. whether they were also known in the domestic language environment of Great Moravia, or whether they were brought to this environment through the activities of Constantine and Methodius. At the same time, we will try to answer the question of who performed the judging and whether the judging was performed collectively or individually in the given period. We also pay attention to how the trial was carried out, whether it was institutionalized or not. We will also try to answer the question whether it is possible to assume the existence of ecclesiastical courts already in the Great Moravian period. In terms of secular regulations, however, it is likely that written legal regulations did not play a major role in the form of valid law enforced by the state. However, that probably should not even have been its primary purpose.
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