JUDr. Radovan Blažek, PhD.., e-mail: radovan.blazek@flaw.uniba.sk

The article addresses the issue of non-fulfillment of private obligations and possible threat of criminal prosecution. The author considers the reasons for the criminal prosecution of persons suspected of being criminally apparently “only” a private-law dispute. The article focuses mainly on the use of argumentation through the so-called “mandatory prudence”, which is becoming more and more frequent reasons for not prosecuting prosecution.