Protistátní trestné činy včera a dnes: Sborník z konference
Anti-state offences yesterday and today: Conference proceedings
Contributor(s): Jaromír Tauchen (Editor)
Subject(s): History of Law, Criminal Law, International Law, Military history, Political history, Middle Ages, Modern Age, Recent History (1900 till today), Islam studies, Politics and law, Penal Policy
Published by: Masarykova univerzita nakladatelství
Keywords: Czech Republic; Slovakia; law; criminal law; crime against the state; treason; defamation; Islamic law; crimes of military personnel;
Summary/Abstract: The collection of contributions comprise the summary of a conference which is to take place in September 2021. The collection consists of two parts: a historical one, focused on the development of prosecutions of anti-state offences, and a contemporary one, aimed at the current legal situation in the Czech Republic and Slovakia.
- E-ISBN-13: 978-80-210-9976-0
- Print-ISBN-13: 978-80-210-9976-0
- Page Count: 343
- Publication Year: 2021
- Language: Slovak, Czech
Scelestam inierit factionem… (C 9, 8, 5) aneb k účasti na protistátně zaměřené zločinecké skupině
Scelestam inierit factionem… (C 9, 8, 5) aneb k účasti na protistátně zaměřené zločinecké skupině
(Scelestam inierit factionem… (C 9, 8, 5): Remarks on Participation in Anti-State Criminal Faction)
- Author(s):Radek Černoch
- Language:Czech
- Subject(s):Criminal Law, Governance, Studies in violence and power, Penal Policy
- Page Range:12-23
- No. of Pages:12
- Keywords:anti-state: law; criminal law; state representatives;
- Summary/Abstract:Participation in an organized group which aims to attack a state representative is traditionally one of the most severely punished crimes. The aim of this paper is to analyze the body of crime and the punishments imposed according to C 9.8.5. The punishments will be examined both concerning their efficiency and compliance with modern approaches, such as individual and general prevention and repression, and non-discrimination.
Vznik republiky v Ríme: nelegitímny prevrat alebo legitímne odstránenie tyrana?
Vznik republiky v Ríme: nelegitímny prevrat alebo legitímne odstránenie tyrana?
(Founding of the Roman Republic: Illegitimate Coup or Legitimate Removal of a Tyrant?)
- Author(s):Peter Vyšný, Marek Prudovič
- Language:Slovak
- Subject(s):History of Law, Criminal Law, Governance, Political history, Ancient World
- Page Range:24-33
- No. of Pages:10
- Keywords:Roman Republic; crime; coup; tyrant;
- Summary/Abstract:The paper briefly deals with the process of transformation of the monarchy into a republic in ancient Rome, the key event of which was the expulsion of the last king from Rome. The authors of the article show that this act was not an illegitimate coup or an anti-state crime (high treason), but the removal of a tyrannical king by an aristocracy that was – in her view – legitimate. At the same time, the authors show that the transition from the monarchical to the republican form of government was relatively smooth, while the royal office in the form of two important offices (rex sacrorum, interrex) persisted in the republic.
Velezrada v uhorskom stredovekom práve
Velezrada v uhorskom stredovekom práve
(Treason in Medieval Hungarian Law)
- Author(s):Justyna Segeš Frelak
- Language:Slovak
- Subject(s):History of Law, Criminal Law, Middle Ages
- Page Range:34-43
- No. of Pages:10
- Keywords:middle ages; law; Hungary; treason;
- Summary/Abstract:Treason, or crime of unfaithfulness (nota infidelitatis) was considered as the most serious crime in Hungarian legislation and it included several crimes. It is first mentioned in a law enacted by king Matthias in 1462 that lists approximately 20 crimes. In the 1514 Tripartitum lists more than 30 crimes in 18 points which could be subdivided into 6 subgroups: malice against property (meaning the sovereign), treason and rebellion, violence against authorities and officials, heresy, forging of official documents and money, murder and defilement of relatives. Treason was punished by head and property of the perpetrator. Eventual granting of mercy by the ruler was usually related to the capital punishment but not confiscation of property.
Protistátní trestné činy v moderních kodifikacích
Protistátní trestné činy v moderních kodifikacích
(Anti-State Crimes in Modern Codifications)
- Author(s):David Kolumber
- Language:Czech
- Subject(s):History of Law, Criminal Law, Modern Age, Politics and law
- Page Range:44-60
- No. of Pages:17
- Keywords:modern age; law; crime; code; anti-state;
- Summary/Abstract:The contribution “Anti-state Crimes in Modern Codifications” deals with the topic of anti-state crimes during centuries. Firstly, legal concepts in the pre-state period are mentioned. Then the attention is paid on the evolution of this institute in the Euro-Atlantic area. From this point of view, there are mentioned mainly regulations from England (1351), France (1810), Germany (1871) and Soviet Union (1958) which could be remarked as the most important for the development of other countries. On the other hand, it also reminds the development of codifications in Czechoslovakia, the Czech Republic and Slovakia, which were affected by the Austro-Hungarian legislations as well as German and Soviet approaches. The Czech current arrangement generally does not depart from the other European samples, but it cannot be omitted that in the Czech Republic it is distinguished the penal concept of the high treason (Landesverrat, vlastizrada) from the constitutional concept (Hochverrat, velezrada) which is dedicated to the presidential anti-state activities. The contribution also indicates that the concept of anti-state crimes in countries has not been unified and it has been varying according to various experiences and attitudes.
Poznámky o ušlechtilém muži, „lejstrech“ a trochu také o protistátních trestných činech
Poznámky o ušlechtilém muži, „lejstrech“ a trochu také o protistátních trestných činech
(A Few Notes about a Noble Man, Documents and a bit about Anti-State Crimes)
- Author(s):Ladislav Vojáček
- Language:Czech
- Subject(s):Education, History of Law, Criminal Law, Recent History (1900 till today), History of Education, 19th Century
- Page Range:61-72
- No. of Pages:12
- Keywords:crime; anti-state; noble man; documents; notes; education;
- Summary/Abstract:The paper deals with the criminal law education at the turn of the 19th and 20th century. It focuses on person of professor František Štorch, teaching criminal law at the Czech Law Faculty of Karl-Ferdinand University in Prague at that time. It pays its attention to the form of the then used learning tools as well as to the integration of crimes against the state into the system of criminal law back then.
Urážka prezidenta republiky v meziválečném období
Urážka prezidenta republiky v meziválečném období
(Defamation of the President of the Republic in the Interwar Period)
- Author(s):Daniel Kadlec
- Language:Czech
- Subject(s):History of Law, Criminal Law, Governance, Politics and law, Interwar Period (1920 - 1939)
- Page Range:73-88
- No. of Pages:16
- Keywords:Czech Republic; interwar period; president; defamation;
- Summary/Abstract:The article deals with the § 11 of the Act of the Protection of the Republic, which in the interwar period regulated the criminal offence of the Defamation of President of the Republic. The article discusses the origin and historical sequence of the crime of the Defamation of the Head of State. In the article, the author explains, with the help of case law, some terms from the text of § 11 of the Act of the Protection of the Republic, as well as the meaning of individual paragraphs or facts as a whole. In the article author presents a few very specific cases he found in the collections of the Moravian Provincial Archive.
Urážka prezidenta republiky po roce 1945 až do současnosti
Urážka prezidenta republiky po roce 1945 až do současnosti
(Insult to the President of the Republic after 1945 to the Present)
- Author(s):Pavel Vetešník
- Language:Czech
- Subject(s):History of Law, Criminal Law, Governance, Recent History (1900 till today), Politics and law, WW II and following years (1940 - 1949), Post-War period (1950 - 1989), Transformation Period (1990 - 2010), Present Times (2010 - today)
- Page Range:89-104
- No. of Pages:16
- Keywords:post WWII; 1945; president; insult; defamation; criminal law;
- Summary/Abstract:The article deals with the definition of the legal regulation of insult of the President of the Republic and its punishment in the territory of the Czech Republic after 1945 up to the present. Due to the fact that such a definition has not always been made exclusively by legislation of a criminal law nature, the contribution will also focus on legislation of an administrative and private nature. During the elaboration of the contribution, mainly explanatory memoranda to the laws that introduced, changed or deleted the legal regulation of insulting the President of the Republic will be drawn. Periodical comments explaining the individual starting points of these legal regulations and related case law will also be a necessary helper. This will show an overall view of the legal regulation of insults of the President of the Republic in the period under review.
Velezrada: zákon na ochranu ľudovodemokratickej republiky a súdna prax
Velezrada: zákon na ochranu ľudovodemokratickej republiky a súdna prax
(High Treason: Act for the Protection of the People’s Democratic Republic and Judicial Practice)
- Author(s):Miriam Laclavíková, Tomáš Gábriš
- Language:Slovak
- Subject(s):History of Law, Criminal Law, Political history, Recent History (1900 till today), Politics and law
- Page Range:105-125
- No. of Pages:21
- Keywords:criminal law; treason; high treason;
- Summary/Abstract:The article describes the legal regulation of high treason in the Act for the Protection of the People’s Democratic Republic, and the practice of its judicial application. The authors innovatively place the issue in a broader historical, philosophical (ethical, or axiological) and methodological context. They are inclined to conclude that the real traitors were not the tried defendants. The necessity of such an adjustment was in itself questionable at the philosophical and ideological level. Its necessity was manifested rather on a political and power-repressive levels. At the same time, should we consider human life and human dignity as inviolable values, regulation and practice of the period under review were unacceptable.
Prokuratura ve světle stíhání protistátních trestných činů – základní vývojové tendence
Prokuratura ve světle stíhání protistátních trestných činů – základní vývojové tendence
(Prosecutor’s Office in the Light of Prosecution Anti-State Crime – Essential Development Tendencies)
- Author(s):Alena Korábová
- Language:Czech
- Subject(s):Criminal Law, Politics and law
- Page Range:126-136
- No. of Pages:11
- Keywords:Prosecutor’s Office; crime; anti-state;
- Summary/Abstract:The Public Prosecutor’s Office is one of the main actors in criminal proceedings. Its role in criminal proceedings isindisputable and the above-mentioned paper focuses on the approach of the role of the Public Prosecutor’s Office in prosecuting a specific range of crimes directed against the state. The paper also describes, among other things, the general development of the Public Prosecutor’s Office, both at the beginning of its existence and at a later period, when the main focus tasks and organization of this state body were already clearly defined. Last but not least, the main pillars of the development of this state body are pointed out.
Dr. Korbuly Pál, sudca štátneho súdu v Bratislave
Dr. Korbuly Pál, sudca štátneho súdu v Bratislave
(Dr. Korbuly Pál, a Judge by the State Court in Bratislava)
- Author(s):František Neupauer
- Language:Slovak
- Subject(s):History of Law, Criminal Law, Recent History (1900 till today), Politics and law, History of Communism, Court case
- Page Range:137-170
- No. of Pages:34
- Keywords:State Court; Bratislava; judge; Korbuly Pál;
- Summary/Abstract:The history of law indeed refers to persons handing down judgments and often offers interesting stories, such as the story of a judge working under various political regimes Dr. Pavel Korbuly (1906–1970). On May 4, 1934, Korbuly was appointed a single judge in criminal matters, after 1948 he became an instrument of justice under the communist regime and was one of the most active judges of the State Court in Bratislava. Prior to the Vienna Arbitration, he was a judge in the Czechoslovak Republic, then in Hungary, and after 1948 he was one of the judges who tried and sentenced victims of the communist regime (more than 500 people) in Slovakia. By the same communist regime, however, Korbuly was later prosecuted due to his active support of the anti-communist uprising in Hungary in 1956. Unlike others, he was one of the judges who had realized their responsibility for convicting the innocent and committed public repentance. From this perspective, his life story is unique in Central Europe as well as worldwide.
Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948
Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948
(Authorities Investigating Anti-State Criminal Activity of Military Personnel after 1948)
- Author(s):Stanislav Polnar
- Language:Czech
- Subject(s):History of Law, Criminal Law, Military history, WW II and following years (1940 - 1949), Post-War period (1950 - 1989)
- Page Range:171-195
- No. of Pages:25
- Keywords:anti-state; military; criminal activity;
- Summary/Abstract:Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.
Poválečné perzekuce příslušníků armády a přijetí zákona na ochranu lidově demokratické republiky
Poválečné perzekuce příslušníků armády a přijetí zákona na ochranu lidově demokratické republiky
(Post-war Persecution of Members of the Military and the Adoption of the Law for the Protection of the People’s Democratic Republic)
- Author(s):Tomáš Řepa
- Language:Czech
- Subject(s):History of Law, Criminal Law, Military history, Recent History (1900 till today)
- Page Range:196-213
- No. of Pages:18
- Keywords:People’s Democratic Republic; law of protection; post-war; persecution;
- Summary/Abstract:After the end of the Second World War, Czechoslovakia was a country at a crossroads. The communists tried to take control of key institutions of the state, including the army. In doing so, a number of illegalities were committed. After the coup in February 1948, this was followed by the adoption of legislation by the already totalitarian state. A striking example was Law No. 231/1948 on the Protection of the People’s Democratic Republic, adopted in October 1948. On the basis of this law, many thousands of people were convicted for alleged anti-State acts.
Trestný čin nedovoleného opuštění republiky v kontextu vývoje protistátních trestných činů od roku 1948
Trestný čin nedovoleného opuštění republiky v kontextu vývoje protistátních trestných činů od roku 1948
(The Crime of the Unlegitimate Leaving of the Republic in Context of the Development of Subversive Crimes from the Year 1948)
- Author(s):Josef Kuchta
- Language:Czech
- Subject(s):History of Law, Criminal Law, Recent History (1900 till today), Asylum, Refugees, Migration as Policy-fields
- Page Range:214-235
- No. of Pages:22
- Keywords:criminal law; 1948; unlegitimate leaving;
- Summary/Abstract:The Article solves Purposes, Object and Reasons of Filing of the subversive Crimes in the Territorium of the Czech Republic from the Year 1948 up to the Prezent. It consists in two parts – the historical and the juristic Parts. In the first Part it is described the short Knowledge in the Czech Penal Legislatur from the Year 1948 up to the present. On that Background is the Public introduced with the Adjustment of the Crime of the Unlegitimate Leaving of the Republic. The Article concerns its basic Principles and Problems, it shows Deficiences in The Legislatur and Problems with its Realisation in the Practice. It is showed its antidemocratic Character too. On the Base of Statistic this Crime was out of the historical point of view very frequent in the Practice. At the present is its Regulation out of Czech Penal Code, that is in the opposite to Basic Human Rights and it had political and ideological Charakter. It must be but observed, that any subversive Crimes must be maintained in modern democratic States.
Trestný čin poburovania ako nástroj politickej perzekúcie do roku 1989
Trestný čin poburovania ako nástroj politickej perzekúcie do roku 1989
(The „Encouraging Revolt“ Crime as a Tool of the Political Persecution until 1989)
- Author(s):Ondrej Podolec
- Language:Slovak
- Subject(s):History of Law, Criminal Law, Political history, Post-War period (1950 - 1989)
- Page Range:236-349
- No. of Pages:14
- Keywords:1989; political prosecution; criminal law;
- Summary/Abstract:The paper deals with the formation, legislation, and the development of the application of the „encouraging revolt“ crimes. The charge for those verbal crime was used by the Czechoslovak communist regime as a tool of the politically motivated judicial repression since 1989 up to half of 1980s.
Teroristická skupina a účast na ní
Teroristická skupina a účast na ní
(Terrorist Group and Participation in It)
- Author(s):Eva Brucknerová
- Language:Czech
- Subject(s):Criminal Law, Criminology, Studies in violence and power
- Page Range:252-261
- No. of Pages:10
- Keywords:criminal law; terrorism; terrorist group;
- Summary/Abstract:This paper deals with the current legislation, when the definition of a terrorist group and the crime of participation in a terrorist group were enshrined. In this article I deal with the distinction of this group from an organized criminal group and the key features of a crime according to § 312a of the Criminal Code. As in the case of the criminal offense of participation in an organized criminal group, the legislator also made it possible to enshrine the institution of effective remorse. The Czech Republic’s commitments have forced changes in legislation that have not been completely toothless before, however, the current legislation sufficiently reflects the current situation and allows for better coverage of those situations that relate to anti-state activities.
Terorizmus – zločin podľa medzinárodného práva?
Terorizmus – zločin podľa medzinárodného práva?
(Terrorism – Crime Under International Law?)
- Author(s):Lukáš Mareček
- Language:Slovak
- Subject(s):Criminal Law, International Law, Studies in violence and power
- Page Range:262-276
- No. of Pages:15
- Keywords:terrorism; crime; criminal law; international law;
- Summary/Abstract:Terrorism is a fenomena that is seriously threatening values and interests of the international community. Despite of that the international community was not able to settle its definition yet. If the definition is absent then supression of terorizm by means of international criminal law is in conflict with the principle of legality. Solving of this question is a precondition for evental creation of international criminal organs. In spite of that the issue was not settled the Special Tribunal for Lebanon was created which had crime of terrorism in its jurisdiction ratione materiae. The aims of this paper is to analyse how the Special Tribunal for Lebanon dealt with this problem and to evaluate soundness of its argumentation.
Aktuálna slovenská právna úprava trestných činov proti republike
Aktuálna slovenská právna úprava trestných činov proti republike
(Current Slovak Legal Regulations of Criminal Acts against the Republic)
- Author(s):Peter Polák
- Language:Slovak
- Subject(s):Criminal Law, Politics and law, Penal Policy
- Page Range:277-300
- No. of Pages:24
- Keywords:Slovakia; criminal law; crime against the Republic;
- Summary/Abstract:The contribution deals with current legal regulation of criminal acts against the republic. In terms of general characteristics of these criminal acts their purpose and significance is explained. In terms of a more concrete characteristics of criminal acts against the republic the focus is directed to a definition of basic concepts of facts of crime and other concepts. In the text there are mentioned also theoretical and applicational issues related to legal regulation of these criminal acts.
Trestné činy ohrozujúce zvrchovanosť v podmienkach Slovenskej Republiky
Trestné činy ohrozujúce zvrchovanosť v podmienkach Slovenskej Republiky
(Criminal Offenses Threatening Sovereignty in the Conditions of the Slovak Republic)
- Author(s):Jaroslav Klátik, Jozef Michalko
- Language:Slovak
- Subject(s):Criminal Law, Politics and law
- Page Range:301-313
- No. of Pages:13
- Keywords:criminal law; offenses; Slovak Republic;
- Summary/Abstract:Criminal offenses threatening sovereignty in the conditions of the Slovak Republic are regulated in the seventh chapter of a special part of the Criminal Code as Crimes against the Republic. Criminal offenses threatening sovereignty in the conditions of the Slovak Republic are particularly dangerous for their effects on society and therefore, despite their very small occurrence, it is important that the security forces in the Slovak Republic sufficiently monitor the proceedings that could fulfill the factual nature of the crimes threatening sovereignty. The fact that these crimes, threatening sovereignty, do not occur in society makes them all the more dangerous.
Rekodifikácia trestného zákona v kontexte trestných činov proti republike
Rekodifikácia trestného zákona v kontexte trestných činov proti republike
(Recodification of a Criminal Law in the Context of Crimes against the Republic)
- Author(s):Eva Balážová, Jaroslav Ivor, Marta Hlaváčová
- Language:Slovak
- Subject(s):History of Law, Criminal Law, Politics and law, Post-War period (1950 - 1989), Transformation Period (1990 - 2010), Present Times (2010 - today)
- Page Range:314-333
- No. of Pages:20
- Keywords:Crime against the Republic; criminal law; recodification;
- Summary/Abstract:The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.
Protistátní trestné činy v islámském právu
Protistátní trestné činy v islámském právu
(Anti-State Crimes in Islamic Law)
- Author(s):Petr Osina
- Language:Czech
- Subject(s):Criminal Law, Islam studies, Politics and law, Sharia Law
- Page Range:334-343
- No. of Pages:10
- Keywords:Islamic law; criminal law; anti-state; crime;
- Summary/Abstract:The article focuses on the opinion of the jurists about the concept of rebellion (baghy) and its significance in Islamic law. The objective is to provide a short review of the issue. The article starts with a brief explanation of the lexical meaning of baghy and its position in classical texts. It attempts to shed some light on the issue of rebellion against unjust or corrupt imams, and what is the relationship between them from the perspective of the two prime sources of Islam: the Qur’an and hadith. The last part of the paper discusses the relationship between Islamic rebellion law and international law.
