Trest vyhoštění na dobu neurčitou
Sentence of Banishment for Indefinite Time Period

Summary/Abstract: The paper examines the sentence of indefinite banishment as a specific criminal penalty of the Czech legal order. Despite its potential lifelong effect, this sentence has received only marginal attention in legal scholarship. Therefore, the paper first analyzes the conditions for imposing this sentence and its application in judicial practice. Particular attention is paid to the case law of the European Court of Human Rights and the Constitutional Court of the Czech Republic, which significantly influences its interpretation and implementation. Furthermore, the paper focuses on the issue of sentence expungement. Even according to the case law of the Constitutional Court of the Czech Republic, the regulation in this area is currently insufficient due to the difficulty of parole. In this regard, the paper lastly mentions the draft of the new Criminal Procedure Code and assesses whether its provisions effectively address the current deficiencies in the regulation of indefinite banishment.

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