Několik poznámek ke konstrukci skutkových podstat ve zvláštní části návrhu trestního zákoníku 2006

Principle of “nullum crimen sine lege” has been framed the basic elements of crime since beginning of XIX Century within German speaking countries of the Europe. German speaking countries and these on cultural, political and historical influence of them (including the Czech territory) had been using similar dogmatic conception of crime elements, consisting of subjective and objective parts of crime. Czech legal theory in last 50 years has been influenced by Italian and Soviet legal theory of so called “material conception of crime” (social dangerousness). In the Czech Republic, principle of “nullum crimen sine lege” (nullum crimen sine certa) is concerning esp. to fundamental elements of crime. The social dangerousness as corrective of formal elements of crime is applied for circumstances as conditions of more severe punishment. Draft Criminal Code 2006 based only on formal conception of crime (only formal elements are taken into consideration) does not recognise such corrective. Such access could lead to application problems in practice. The solution of not detailed general definition of conditions of more severe punishment is indicated?