SYSTEM OF PENAL LAW AND ITS STRUCTURE (THEORETICAL CLASSIFICATION) (System trestneho prava jeho struktura (teoreticke clenenie))
The author in his contribution offers a classification of the penal law different from the traditional classification to the procedural and material parts. He has been inspired by Pratel and others who thing aloud of the 'reallocation' and new conception of the classification of the rules. The main argument is the search for the interface and the interdisciplinary character of the individual institutes of penal law such as sentence, evidence, judgement, proof, offence, facts of the case, etc. The author endeavours to support his views by argumentation of well-known theoreticians and philosophers of law, especially from the normative school (of Brno and Vienna), but he does not forget the most renowned experts in penal law, such as prof. Husar, prof. Mattern and prof. Ivor. In the end the author admits that the classification is especially the theoretical issue, but such classification might partially close the gap between material law and procedural law and hence to contribute to a closer union and better cohesion of the penal law as branch of science.
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