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VAĽO
Trestnoprávna vina a zahladenie
odsúdenia
Criminal guilt and
expungement of conviction
JUDr. Michal Vaľo, CSc.
Právny obzor, Volume 103, 2020,
No. 5,
pp. 372 – 386.
Published online: 31.8.2021
Abstract. The author
defines the term “criminal guilt” as a criminal liability for committing a
criminal offense imputed by a final decision of a criminal court – conviction of
an offender. Attributable of criminal guilt is a strictly institutionalized and
formalized instrument in the hands of the State, which determines to whom, for
what, as well as when the criminal guilt is to be imputed. Through the judicial
authorities, the State may or may not impute criminal guilt. Criminal guilt is
not given by the commitment of the act itself, but only by an authoritative
decision of the court. The legal system as a whole in assessing a person‘s guilt
for a criminal offense can only be based on a legal fact, which is the finding
of guilt by a valid court decision. If no guilt is pronounced for any reason,
the person must be regarded as innocent on the basis of the presumption of
innocence, meaning that the person has not committed the offense de jure.
Expungement of a conviction has the same effect. Expungement of a conviction is
to be understood as the expungement of all the effects of a conviction judgement
which are linked to that judgment by the law of the State. Treating a person as
if that person has not been convicted means to treat that person as innocent.
The author therefore criticizes decisions of the courts regarding this issue.
Key words: vina guilt
from a crime, presumption of innocence, expunged conviction
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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