The Act No.290/1993 Coll. - the Fífth Direct Criminal Code Amendment Bince 1989 (Selected Issues)
Vol.2,No.2(1994)
As long as the general part of the Criminal Code is concerned, the objects of the analysis are the concepts of lasting, mass and continuing crimes. The problem of continuance is analyzed (Criminal Code § 89 par. 3) both from the viewpoint of guilt and that of the judicial individualization of punishment, in which direction the amendment raises some questions (see Criminal Code § 215 par. 2 letter b). The authors also highlight the meaning of the Criminal Code § 12 par. ll, as amended by the amendment No.292/1993 Coll. in connection with continuance.
The sense of the Criminal Code § 89 par. l4, establishing a new scale of proprietary damages is subject to criticism. No mean attention is paid also to the new regulation of the external differentiation of the service of imprisonment. Special analysis from the viewpoint of the motivation of life imprisonment convicts through the institute of conditional release is given to the Criminal Code § 29 in fine.
The part dedicated to the changes in the special part of the Criminal Code analyzes selectively the regulation included in the several parts thereof (Catch I, § 102; Catch II, §§ 118a, 145a, 148a; Catch III, §§ 171, 171a, 178a; Catch V, § 204; Catcb VII, § 228 etc.).
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