Některé aktuální problémy návrhu kodifikace trestního zákoníku v roce 2007

The Czech Republic, analogous to the other post-communist countries of the Central and Eastern Europe, face the challenge to create a new modem Criminal Code, which includes a need of discussion and legislative processing of questions and institutes, that despite a Jong-term criminal substantive law code preparation, continue to draw attention of the specialized legal society. This entry shows in a few general and other most important issues of the Criminal Code concept, such as problems of material and formal conception of a criminal offence, criminal responsibility of legal entities, exercise of the criminal prosecution of the offences in relation to business area, but also the general issue of euthanasia and related killing on request offence (mercy-killing offence), or a question of extremely dangerous recidivism etc. These issues are not only named in this entry, but there are also solutions as a base of a potential discussion. The code is based on the forma! conception of a criminal offence and it is refered in this connection to the possibility of using the subsidiary role of criminal prosecution principle and a principle “ultima ratio” arising therefrom, which means that a criminal prosecution is the ultimate instrument in the relation to another legal delict regulations (administrative, civil, business etc.). This is a basic principle also for solving problems of exercising criminal prosecution in the area of offences related to business. That is why the attitudes to some newly proposed offences in relation to business were revised. In terms of the legal entities criminal responsibility, which probably won't be authorized in context of the new Criminal Code concept, a solution in the area of administrative sentencing presents itself. The killing on request problem should be solved globally on the basis of broad public discussion in relation to detailed regulation in the Health Care Law, where should be primarily regulated the patients possibility to express an option not to be treated in case of falling into a status without a chance to express his will (problem of so-called living will). Responsible approach is also necessary in reference to the extremely dangerous recidivism inherently related to recidivism of criminal activity, which continues to be considered as a very serious and dangerous fenomenon.