JUDr. Zbyněk Žďárský, státní zástupce OTŘ, Nejvyšší státní zastupitelství, email: zdarsky@nsz.brn.justice.cz

The article warns of a problem related to the correct assessment of one of the conditions required by the Criminal Code concerning criminal liability and protection of official person – that is committing crime in relation to his/her power and responsibility. The article mentions various views coined by criminal law theories and practice pertaining to the condition of acting of an official person in the so-called superior position, such as the mayor of a city when deciding about the municipal property. The article mentions various views on the problem as illustrated by legal practice.