Negative error in law concerning non-claimed and claimed non-penal elements of the body of a crime (national and European law aspects)
Negative error in law concerning non-claimed and claimed non-penal elements of the body of a crime (national and European law aspects)

Summary/Abstract: The paper explains first of all the keywords and then analyzes – selectively – the main problems within the general and special parts of the Czech Criminal Code (according to the existing law and according to the designed law). The text deals with concrete implications of differentiation between a negative error in law concerning normative and descriptive elements of the body of a crime, or the non-claimed non-penal element and the claimed non-penal element, for criminal responsibility. It includes some recommendations for solving this problem giving some comparisons with foreign countries and a view from the European law perspective.

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