The purpose of the course is to provide a general introduction into Czech Criminal Law in a European context. The course is taught by academicians as well as practitioners with a deep expertise in criminal law. The first part of the course deals with the substantive questions of Czech Criminal law.
The course introduces students to the fundamental concepts, functions, and basic principles of both substantive and procedural criminal law. Special attention is devoted to the institute of a criminal offense, its classification, and the concept of the factual basis (elements) of a criminal offense. A thorough analysis is provided for all individual features (or groups of features) that constitute a criminal offense.
The course also focuses on the fundamentals of criminal liability for legal entities and minors, both within the discussion on the perpetrator (subject) of a criminal offense and as separate topics.
Building on these areas, the course continues with key themes related to the foundations of criminal liability, such as circumstances excluding unlawfulness, stages of development of a criminal offense, issues of complicity in both broader and narrower senses, and the concurrence (aggregation) of offenses.
By completing this course, students will acquire a solid understanding of the basic principles of criminal liability for both individuals and legal entities, the conditions for the establishment and termination of criminal liability, and the prerequisites necessary for the legal assessment of offenders’ conduct. This knowledge will form the foundation for subsequent studies focusing on specific criminal offenses defined in the Special Part of the Criminal Code.
Besides the study of classical legal institutes, the course will also address current expert debates, emphasizing their potential to inspire international comparisons and developments.
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
The purpose of the course is to provide a general introduction into Czech Criminal Law in a European context. The course is taught by academicians as well as practitioners with a deep expertise in criminal law. The first part of the course deals with the substantive questions of Czech Criminal law.
The course introduces students to the fundamental concepts, functions, and basic principles of both substantive and procedural criminal law. Special attention is devoted to the institute of a criminal offense, its classification, and the concept of the factual basis (elements) of a criminal offense. A thorough analysis is provided for all individual features (or groups of features) that constitute a criminal offense.
The course also focuses on the fundamentals of criminal liability for legal entities and minors, both within the discussion on the perpetrator (subject) of a criminal offense and as separate topics.
Building on these areas, the course continues with key themes related to the foundations of criminal liability, such as circumstances excluding unlawfulness, stages of development of a criminal offense, issues of complicity in both broader and narrower senses, and the concurrence (aggregation) of offenses.
By completing this course, students will acquire a solid understanding of the basic principles of criminal liability for both individuals and legal entities, the conditions for the establishment and termination of criminal liability, and the prerequisites necessary for the legal assessment of offenders’ conduct. This knowledge will form the foundation for subsequent studies focusing on specific criminal offenses defined in the Special Part of the Criminal Code.
Besides the study of classical legal institutes, the course will also address current expert debates, emphasizing their potential to inspire international comparisons and developments.
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
Requirements to the exam -
−Regular study of the subject requires continuous preparation and active participation in classes.
−The written exam tests knowledge gained from lectures and from the study of the prescribed literature.
−The written exam takes place during the examination period, during which three exam dates are scheduled, and it is conducted in the form of a test.
−The time limit for completing the test is 60 minutes.
−The test consists of five open-ended questions (5). Each correct answer is awarded 2 points. The maximum score is 10 points. The minimum number of points required to successfully pass the examination is 5.
−During the exam, students are allowed to use legal regulations and other materials.
The grading scale for the written exam is as follows:
Points
Grade
10–8
Excellent
8–6
Very Good
6–5
Good
5–0
Fail
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
−Regular study of the subject requires continuous preparation and active participation in classes.
−The written exam tests knowledge gained from lectures and from the study of the prescribed literature.
−The written exam takes place during the examination period, during which three exam dates are scheduled, and it is conducted in the form of a test.
−The time limit for completing the test is 60 minutes.
−The test consists of five open-ended questions (5). Each correct answer is awarded 2 points. The maximum score is 10 points. The minimum number of points required to successfully pass the examination is 5.
−During the exam, students are allowed to use legal regulations and other materials.
The grading scale for the written exam is as follows:
Points
Grade
10–8
Excellent
8–6
Very Good
6–5
Good
5–0
Fail
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
Syllabus -
The subject covers following topics:
History of Czech Criminal Law
Czech Criminal Substantive Law I.
Mens Rea
Czech Criminal Substantive Law II.
Currently discussed problems of substantive criminal law
Cybercrime
Czech Criminal Procedure I.
Czech Criminal Procedure II.
Electronic Evidence in Criminal Proceedings
Currently discussed problems of procedural criminal law
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
The subject covers following topics:
History of Czech Criminal Law
Czech Criminal Substantive Law I.
Mens Rea
Czech Criminal Substantive Law II.
Currently discussed problems of substantive criminal law
Cybercrime
Czech Criminal Procedure I.
Czech Criminal Procedure II.
Electronic Evidence in Criminal Proceedings
Currently discussed problems of procedural criminal law
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
Learning resources -
Basic literature:
1. POMORSKI S.: Communists and their Criminal Law Revisited, 1989, HAVEL V.: Kicking the Door, 26 NY Review of Books Number 4, 1979
2. COULLOUDON V.: Crime and Corruption after Communism. The Criminalization of Russia’s Political Elite, East Eur. Constitutional Rev., 1997 MUNGIU-PIPPIDI A.: Crime and Corruption after Communism. Breaking Free at Last: Tales of Corruption from the Postcommunist Balkans, East Eur. Const. Rev., 1997
3. LANGER M.: From Legal Transplants To Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure, PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an Adversarial Trial System in Italy, excerpts, 2004
4. DAMASKA M.: Presentation of Evidence and Fact finding Precision, 1975, DIEHM J.: The Introduction of Jury Trials and Adversarial Elements into the Former Soviet Union and Other Inquisitorial Countries, 2001, Optional: REICHEL P. L.: Comparative Criminal Justice Systems 254-273, 2005
5. LANGER M.: From Legal Transplants To Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure, excerpts, Optional: PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an Adversarial Trial System in Italy, excerpts, 2004
6. European Commission Papers: Reactions to the Presentation of the Broad Outline of European Union Security Policy, SANCHEZ W.: Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures between Member States, ALEGRE S., LEAF M.: Mutual Recognition in European Judicial Cooperation: A Step Too Far Too Soon? Case Study - the European Arrest Warrant, 10 European Law Journal 200, 2004 Is the EU Unconstitutional? The German Federal Constitutional Court Decision on the EAW (Press Release)
7. SCHULHOFER S. J.: The Feminist Challenge in Criminal Law. University of Pennsylvania Law Review, vol. 143, 2151, 1995
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
Basic literature:
1. POMORSKI S.: Communists and their Criminal Law Revisited, 1989, HAVEL V.: Kicking the Door, 26 NY Review of Books Number 4, 1979
2. COULLOUDON V.: Crime and Corruption after Communism. The Criminalization of Russia’s Political Elite, East Eur. Constitutional Rev., 1997 MUNGIU-PIPPIDI A.: Crime and Corruption after Communism. Breaking Free at Last: Tales of Corruption from the Postcommunist Balkans, East Eur. Const. Rev., 1997
3. LANGER M.: From Legal Transplants To Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure, PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an Adversarial Trial System in Italy, excerpts, 2004
4. DAMASKA M.: Presentation of Evidence and Fact finding Precision, 1975, DIEHM J.: The Introduction of Jury Trials and Adversarial Elements into the Former Soviet Union and Other Inquisitorial Countries, 2001, Optional: REICHEL P. L.: Comparative Criminal Justice Systems 254-273, 2005
5. LANGER M.: From Legal Transplants To Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure, excerpts, Optional: PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an Adversarial Trial System in Italy, excerpts, 2004
6. European Commission Papers: Reactions to the Presentation of the Broad Outline of European Union Security Policy, SANCHEZ W.: Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures between Member States, ALEGRE S., LEAF M.: Mutual Recognition in European Judicial Cooperation: A Step Too Far Too Soon? Case Study - the European Arrest Warrant, 10 European Law Journal 200, 2004 Is the EU Unconstitutional? The German Federal Constitutional Court Decision on the EAW (Press Release)
7. SCHULHOFER S. J.: The Feminist Challenge in Criminal Law. University of Pennsylvania Law Review, vol. 143, 2151, 1995
