Abstract
In connection with a hot issue, the migration, one of the punishments that can be imposed according to § 314e of the Code of Criminal Procedure by the penal order is also banishment. While imposing this kind of punishment, we always have to consider the person of the offender and his criminal act to make an unequivocal conclusion about the level of danger for people, property or other common interest; also, we have to consider carefully all the obstacles that make imposing this kind of punishment impossible (§ 80 art. 3 of the Criminal Code).
Although the consequences of banishment can be very serious for the offender, while imposing this kind of punishment by the penal order, the judge can't consider all of these very often. This paper deals in theoretical and also practical way with an issue, if there should be a possibility to impose the banishment by the penal order actually; the reason is one of the conditions for deciding criminal cases by the penal order - reliable ascertained facts of the criminal case.