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1

SPRAVODLIVÝ TREST

100%
Kurilovská L., Šišulák S.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 4
281 – 296
EN
Criminal justice always was and still is executed mainly by sentencing the perpetrator of criminal offense to a certain kind of punishment, which they are supposed to endure (suffer) as a cause for their criminal wrongdoings. We all know that such punishment has to be just, i. e. on a specific level appropriate to the offense in question. But this special quality of punishment did not always mean necessary the same thing indeed. It has varied greatly over historical evolution of criminal justice as such and was at every time closely tied with the general intended purpose of punishing. In the presented article, the authors look first at the main reasoning behind sentencing an offender to punishment and its overall ratio. Next, they briefly analyse the changes which the intended purpose of imposing a punishment undergone in terms of legal science and philosophy over previous centuries and the most notorious theories produced by this evolution. Secondly, the authors address the point of the concept of restorative justice in contrast to the concept of retributive justice, which both bear some significant traits of the main two separate theories on the purpose of punishment, as established previously. They argue that the current tendency of criminal politics to concentrate around undoing the wrong done by the crime, the supposed healing, restoration, changed greatly how we think about the justness of punishment. In this line of thought, they try to define just punishment as a core value of the concept of restorative justice. At last, in the third part of the presented article the authors try to sketch the basic rules of how we might determine that the punishment is just, so as to distinguish the way how the legal practitioners, mainly judges, should establish such punishment in terms of our legal heritage, culture and positive law.
2

RESTORATÍVNE PRVKY V SPRÁVNOM TRESTANÍ

100%
Tomaš L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 2
155 – 169
EN
The Slovak legal regulation of administrative punishment is in many respects interspersed. The means of applying elements of restorative justice are no exception. The normative diction of the law on misdemeanors, or even another regulation, hardly thinks about them. In the scientific literature to date, there have been several inspiring considerations about the possibilities of modifying this state within the processes of creating the future sanction law of public administration. However, it is not possible to limit the formulation of impulses in the de lege ferenda level, especially in the legal-application context. Administrative authorities apply the applicable law in the process of hearing administrative offenses. Therefore, attention should be paid to methods of strengthening the restorative element in administrative punishment in the light of an effective normative platform. The examination of these aspects is the subject of a translated article. The author focuses on whether the categories of the general theory of law (interpretation, the legal imperative of analogy, subsidiarity of legislation) can create space for strengthening the restorative element in administrative punishment. He examines the above, especially in the light of the possibilities of concluding a settlement on a proper tort.
3

EÚ AKO OTVORENÁ CESTA RESTORATÍVNEJ JUSTÍCIE

88%
Kurilovská L., Lenhartová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 3
263 – 270
EN
The paper deals with the changes in the law relating to membership in the European Union, resp. that the area of judicial cooperation in criminal matters brought new phenomena, which find their application in different EU Member States. Such a phenomenon is also restorative justice, resp. its elements. Unlike retributive justice, which dealt with the conflict between the offender and society (the state) through the punishment of the offender, restorative justice seeks to ensure that the offender rid of the ‘convict’ and through repentance and correction have been made to settle the conflict between him and the company. This will ultimately bring greater impact and reduce the likelihood of recurrence, unlike applications means retributive justice.
4
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ALTERNATÍVNE TRESTY ZA DROGOVÉ TRESTNÉ ČINY NA SLOVENSKU: RESTORATÍVNA SPRAVODLIVOSŤ V PRAXI

75%
Klobucký R., Čentéš J.
Sociológia (Sociology)
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2017
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vol. 49
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issue 2
155 – 178
EN
This study aims to map the alternative sanctions for drug law offences that are available under Slovak law and describe the use of these sanctions in practice. A drug policy development analysis and a discussion about the effectiveness of drug law enforcement are included. Attention is paid to the model of restorative justice as an alternative to the classic model of criminal justice – the retributive model. This study is based on complementary quantitative data (statistics) and qualitative data (10 expert interviews). According to our findings, the low rate of applications of alternative sanctions for drug law offences is connected with the responsible institutions' lack of competence in applying them, experts' mistrust in alternative sanctions and restorative justice, as well as the preference of public opinion for retributive law enforcement for drug law offences.
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