K vzájemným vztahům zásad zákonnosti, adekvátnosti a efektivity trestního práva
K vzájemným vztahům zásad zákonnosti, adekvátnosti a efektivity trestního práva

Summary/Abstract: The topic of the article are some aspects of the principles of legality, adequ­acy and efficiency of criminal law, their mutual relations and question of their meta-legal justification. The author is asking about the way these principles as a whole are connected with the demand of just application of criminal law. The article indicates the possible attitudes to these principles in clasical theories of punishment (absolute, relative, mixed). The problem of capital punishment and "extraordinary" punishments is mentioned as well. The author emphasises the importance of meta-legal, mainly moral and political argument for the defence of individual approach to punishment. He deals with the Barata's conception of criminal law and criminality as the results of social oppresion. The author claims that refusal of such theories must be based on unambiguous social agreement concerning the values, which the criminal law is to defend.

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