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Criminal law as the ultima ratio - remarks on the principle of subsidiarity of criminal repression

Publication at Faculty of Law |
2021

Abstract

The paper deals with one of the basic principles of substantive criminal law - the fundamental subsidiarity of criminal repression, which is based on the concept of criminal law in the hierarchy of legal responsibility as the ultima ratio. First, the definition of this principle is discussed, who can understand both as a commitment for the legislator and as a commitment for application practice.

The text characterizes the recent legal regulation of the Criminal Code, selected selected manifestations of the principle of subsidiarity of criminal repression in the general and special part of the Criminal Code.