Vybrané aspekty dokazování okolností vylučujících protiprávnost
| Title in English | Selected aspects of proving circumstances precluding illegality |
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| Authors | |
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | TEXL, David. Vybrané aspekty dokazování okolností vylučujících protiprávnost (Selected aspects of proving circumstances precluding illegality). In COFOLA 2023. 2023. |
| Description | Circumstances precluding illegality are such circumstances which cause that even if the elements of the offence are fulfilled, the offence is not punishable and the conduct is assessed as an otherwise punishable act. This means that the fulfilment of the elements of one of the constituent elements of a criminal offence may result in a violation of an interest protected by criminal law, but due to the existence of one of the circumstances precluding unlawfulness, such conduct is considered to be unpunishable, permitted by law. In my contribution I will focus on the question of the measurement of values in relation to what conduct can be considered impunity-free, i.e. what conduct can still be "excused" by the existence of one of the circumstances excluding illegality and what is not. In this context, I will then focus on selected aspects of the proof of these exclusionary circumstances, as their proper proof will be relevant for the assessment of the existence of any excess. In doing so, I will attempt to highlight the thin and indistinct line between conduct without impunity and that of a criminal offence. |
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