About the Decision of the Constitutional Court on the Criminal Use of Totalitarian Symbols
About the Decision of the Constitutional Court on the Criminal Use of Totalitarian Symbols

Summary/Abstract: As the pre-requisite for being taken under legal authority, the various phenomena require assessment. Human conducts regarded as harmful for the society appear in various life situations and produce a very colourful image. It is a crucial question, however, how the legislature in a given area evaluates and legally manages the effects of harmful conducts on an imaginary harm scale. In our legal system conducts deemed as culpable are managed by the tools of Criminal Law. The scope of punishable behaviour types may be modified in compliance with the continuously changing environment. Accordingly, it is a permanent duty to be aware of the fact that Criminal Law has to function as a sanctioning cornerstone in the legal system. The study examines the requirement of ultima ratio (last resort) as a criteria derived from constitutional Criminal Law. It focuses on the recent decision of the Constitutional Court in the field of Criminal Law that interprets the last resort role of Criminal Law in connection with the use of totalitarian symbols like the five-pointed red star.

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