Criminal Law: Unfulfilled Homework in the Area of Criminal Law Coming to Terms with the Past Cover Image

Právo zločineckej povahy: Nesplnená domáca úloha v oblasti trestnoprávneho vyrovnania sa s minulosťou
Criminal Law: Unfulfilled Homework in the Area of Criminal Law Coming to Terms with the Past

Author(s): Martin Slávik
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Comparative history, History of Communism, Post-Communist Transformation
Published by: Ústav pro studium totalitních režimů
Keywords: justice; prosecution; communist regime; legal retroactivity; public trust; democratic values;

Summary/Abstract: The document discusses the challenges and importance of addressing criminal acts committed during the communist regime in Czechoslovakia. It highlights the legal and moral implications of prosecuting these crimes, emphasizing the necessity of justice for societal security and the erosion of public trust if crimes go unpunished. The text compares the approaches of Czechoslovakia and Germany in dealing with their respective pasts, noting the differences in outcomes and public perception. It also touches on the legislative and judicial hurdles faced in prosecuting former regime officials, including issues of legal retroactivity and the influence of political changes on the process. The document underscores the ongoing struggle to reconcile with the past and the impact of these efforts on contemporary democratic values and legal principles.

  • Issue Year: XVIII/2024
  • Issue No: 02
  • Page Range: 3-13
  • Page Count: 11
  • Language: Slovak
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