Relationship offense of obstructing an officer and report pursuant to Section 37 paragraph 1 letter. a) of the Criminal Code and the offense in the light of the principle of ne bis in idem
Vol.21,No.2(2013)
Abstract
Pages:
137–143
This article discusses the „ne bis in idem“ principle, which when translated means „not twice in the same“, in reference to a general principle of criminal law. This principle serves as a protection to an individuals rights and freedoms. The European Court of Human Rights included misdemeanour in its judicature as a criminal act. This shows the authors that it is not possible to use common rules in cases of competition of misdemeanour and criminal act. This allows to use the „ne bis in idem“ principle in criminal acts competition and competition of misdemeanour and criminal act. This article reacts to the precedent set by the European Court of Human Rights in case Zolothukin vs. Russia which united different opinions in judicature. Authors apply the European Court of Human Rights verdict in cases of competition of criminal act and misdemeanour. They also mention judicature of the Supreme Court of the Czech republic, which commented on „res iudicata“ several times.
137–143
Copyright © 2016 Jan Zůbek, Tomáš Maxa