The purpose of my thesis is to describe and analyze the subject of the identical facts of crime. The reason for my research is the close relation of this subject to the practical decision-making by the courts in particular. The thesis is composed of three main chapters, each of them dealing with different aspects of the identical facts of crime. Chapter One focuses on the introduction to the legal regulation of the identical facts of crime in Czech legislation. By reference of several cases it presents the general principles accompanying the courts'consideration of the identical facts of crime. Chapter Two concentrates on the international context of the identical facts of crime. It is subdivided in two parts. Part One looks at the EU-regulation and the decision-making by the Court of Justice of the EU and subsequently, part Two illustrates the approach of the European Court of Human Rights to the interpretation of the Article 7 Protocol Nr. 4 to the European Convention of Human Rights. Chapter Three examines the problems resulting from the incorrect translation of the term "offence" used in Article 4 Protocol 7 to the European Convention of Human Rights into Czech language. Furthermore it focuses on the key decision of the Supreme Court in 2004, which adjusted the interpretation of the above...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:329212 |
| Date | January 2013 |
| Creators | Sýkorová, Dáša |
| Contributors | Šámal, Pavel, Vanduchová, Marie |
| Source Sets | Czech ETDs |
| Language | Slovak |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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