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Temporal scope of criminal laws and intertemporal effects of amendments to criminal regulations

Publication at Faculty of Law |
2021

Abstract

In the article, the author deals with the temporal scope of criminal laws and, after summarizing them, applies the general starting points to issues caused by changes in criminal regulations by two major recent amendments made by Acts No. 333/2020 Coll. and No. 220/2021 Coll. These significant changes included, among other things, double-tuning the damages in §138 (1) of the Criminal Code compared to the current regulation and the method of imposing and enforcing several alternative punishments - fines, community service and house arrest.

However, in this connection, the legislator did not address the problems that arose in the transitional provisions, which are significantly missing in some of the situations described. Thus, in response to an earlier article by Filip Ščerba, the author deals with the fact that the legal regulations, after the above-mentioned amendments, proceed in deciding on guilt and punishment, as well as in enforcement proceedings for individual mentioned types of punishments, also argues with the previously presented opinion analogous applicability of § 419 of the Criminal Code to later amendments to the Criminal Code.

To this end, it offers its own substantiated solutions to the issues raised.