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Criminal Law for the
Czechoslovak Republic
JUDr. Tomáš Jablonický, PhD.,
Institute of State and Law of Slovak Academy of Sciences
Právny obzor, 101, 2018,
special issue, pp. 60-82.
Published online: 15.1.2019
Abstract. The article is
devoted to the efforts at a reform of criminal law in the Czechoslovak Republic,
which after its foundation in 1918 had to cope with the problem of dualism of
the criminal law system. Two different penal codes applied in the territory of
the Czechoslovak Republic, which required the development of a fully Criminal
Code valid for the whole Republic. The Commission for a Reform of the
Czechoslovak Criminal Code was set up in 1920, whose members, the most important
personalities of Czechoslovak criminal law science, elaborated in the period of
1921–1926 a very reform draft of the Criminal Code, striving to introduce the
most recent knowledge from foreign legislative works, criminal law science and
criminology to Czechoslovak criminal law. The new Czechoslovak Criminal Code was
intended to more effectively protected society against crime, so the draft
Criminal Code under the influence of the modern school of criminal law took into
account in particular motivation and character of the offender. The draft
brought a number of proposals for the reform. In the assessment of offences, it
attached great importance to motivation of the offender, which was to become a
new criterion for classification of offences to crimes and offences. The authors
of the draft proposed to replace traditional bipartition of forms of culpability
(intention and negligence) by tripartition. In the context of efforts at a
reform of the Czechoslovak Criminal Code this paper also analyses the issues of
the sentence of imprisonment and the death penalty. It ends with description of
the fate of the draft Criminal Code from 1937, which – like the preceding draft
Criminal Code from the period of 1921-1926 – was never codified.
Key words:
criminal code, criminal law, culpability, death penalty, motivation of offender
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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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OPEN ACCESS