Magazine Státní zastupitelství 4/2013

Prof. JUDr. Pavel Holländer, místopředseda Ústavního soudu České republiky, email: holland@usoud.cz

This legal and philosophical presentation delivered at the conference marking the 20th anniversary of the establishment of the Constitutional Court deals with the issues of fundamental human rights and
the crisis of the concept of human rights in post modern era. Human rights have no sufficient reflection in the embedded basic duties, and the permanent enlargement of human liberties may seem counterproductive and violating the relationship between the individual and society.

Prof. JUDr. Vladimír Kratochvíl, CSc., poradce pro trestní judikaturu Nejvyššího soudu, externí spolupracovník Katedry trestního práva Právnické fakulty MU

The article deals with the question of the interpretation and application of the latest amnesty (2013), namely Article II, in relation to the legal term of abolition and continuing offense in terms of the substantive criminal law and the criminal procedural law. Conclusion: Article II of the amnesty must relate only to the criminal procedural interpretation of the abolition and only to the criminal procedural interpretation of the continuing offense.

JUDr. Petr Klement, státní zástupce, Nejvyšší státní zastupitelství, email: klement@nsz.brn.justice.cz

The article discusses specifics of sanctioning legal entities, especially those of transnational character. It describes influences that come into considera-tion such as national economic interests, foreign and employment policy and gives examples of particular foreign criminal cases. The author also points to problems of conflicting jurisdictions and a missing global mechanism for their resolution as well as to cases passed off as first global settlements. The article ends with a focus on possibilities of deferred prosecution agreements and their potential to influence corporate compliance programs.

JUDr. Stanislav Tichý, státní zástupce, Okresní státní zastupitelství v Olomouci, email: tichys@osz.olc.justice.cz

The criminal offense of favoritizing creditors ranks among bankruptcy crimes which include an intentional conduct of the offender who goes bank-rupt and obstructs the satisfaction of his creditor by favoritizing another person, thus causing damage to his creditor. This paper attempts to present and analyze questionable areas constituting as a whole individual legal elements comprised in facts of the offense. Within the analysis, individual chapters of the text also include practical notes which are aimed at helping in investigative, prosecuting and adjudicating bodies in terms of its application in practice.

Mgr. Lukáš Herich, vedoucí střediska, Probační a mediační služba ČR, email: lherich@pms.justice.cz

Reformatory measures as a partial component of the system of measures under the act on justice in juvenile cases play an irreplaceable role in reaction to juvenile criminal acts. Their imposition especially in pre-trial proceedings is important for the adoption of responsibility of the offender for his act; or the position of the victim is sometimes strengthened. In order to use reformatory measures more effectively cooperation between the public prosecution service and the Probation and Mediation Service of the Czech Republic is of great importance.

JUDr. Lumír Crha, státní zástupce, Nejvyšší státní zastupitelství, email: crha@nsz.brn.justice.cz

The article deals with prosecutors’ supervision of observing legal regulations at places of serving the custody, imprisonment and. preventive forensic detention. The author pays attention to the prison service international deeds. He focuses on European regula-tions. He comes to the conclusion that two of them are most important for the prosecutors’ supervision: The European prison rules and the (European) Convention on the Protection of Human Rights and Fundamental Freedoms. The author compares the regulations with the Czech law and practice.

Mgr. Dušan Gaľo, interní doktorand na Katedře trestního práva Právnické fakulty MU, email: galodusan@gmail.com

The paper deals with the problem of anonymous witness in the Czech criminal proceedings. It provides an analysis of the institute of anonymous witness and focuses on its most problematic features. The paper elaborates on various aspects of this institute in the context of basic principles of the criminal as well as the constitutional laws.