Abstract
The chapter presents a critical reflection on the new Czech Criminal Code adopted in 2009 (Act No. 40/2009 Coll.). The author examines three levels which derives the qualities or deficiencies of the new Criminal Code: the criminally-political level (the author criticizes the adoption of new Criminal Code without the simultaneous adoption of new Criminal Procedure Code, which the author considers to be a systemic fault of criminal policy), the juristic level (the author states a high degree of continuity with previous legal developments) and finally a technically - legislative level (the new Criminal Code contains a greater number of casuistic legal definitions of crimes and so-called prematurely committed offenses).
The author states that the 2009 Criminal Code is based on the tightening of criminal repression and illustrates this statement with several examples. The second part of the chapter deals with the possibility of decriminalization and mitigation of criminal liability.
The author recommends decriminalization, especially in case of a crime of neglect of compulsory nutrition under Section 196 (1) of the Criminal Code and mitigation of criminal liability, especially in the case of drunkenness offense under Section 360 of the Criminal Code. Some of the deficiencies of the Criminal Code can be eliminated in the forthcoming recodification of the Criminal Procedure Code, which allows legislature to return to the substantive criminal law issues.