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
Subject(s): History of Law, Criminal Law, Recent History (1900 till today), Asylum, Refugees, Migration as Policy-fields
Published by: Masarykova univerzita nakladatelství
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.

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