A Few Comments About the Reasons for Imposing the Prohibition of Residence alias a Short Review of One „Unimportant“ Judgment of the Court of First Instance Cover Image

Několik poznámek ke smyslu ukládání trestu zákazu pobytu aneb krátké zamyšlení nad jedním „bezvýznamným“ rozhodnutím soudu prvního stupně
A Few Comments About the Reasons for Imposing the Prohibition of Residence alias a Short Review of One „Unimportant“ Judgment of the Court of First Instance

Author(s): Ondrej Štefánik
Subject(s): Criminal Law
Published by: Masarykova univerzita nakladatelství
Keywords: criminal law; Czechia; prohibition of residence; unreasonable punishment;

Summary/Abstract: The article deals with the problems of imposing the Prohibition of Residence as a punishment in Criminal law and tries to find out, if there is any reason to impose this sanction nowadays. There is a theoretical excursus in the beginning of the article and a description of this punishment, as it’s understood in the Czech criminal law. This excursus is followed by an analysis of one judgment of the court of first instance that was passed recently. The author of this article focuses on the arguments of the judge as to why he didn´t impose the prohibition of residence, even though the public prosecutor suggested to. In the opinion of the judge, this punishment is useless and he considers it as an obsolete and unreasonable punishment. As to the view of criminal law theory, author of this article tries to find out, if this opinion is agreeable or not. In the end of the article, the representative foreign legislation connected to the prohibition of residence is mentioned as well.

  • Issue Year: 17/2009
  • Issue No: 2
  • Page Range: 109-116
  • Page Count: 8
  • Language: Czech