„V krvi důkaz, ztratíš průkaz!“ aneb k trestnému činu opilství v socialistickém Československu

The article focuses on the offence of drunkenness, understood as an endangerment offence, with particular emphasis on drink-driving. It combines a doctrinal legal analysis with an examination of criminal files from the District Court for Prague 1 and surveys the interpretation of the statutory elements, investigative and evidentiary practice, and sanctioning policy. In the sanctioning dimension, a central role is played by disqualification from activity – most notably disqualification from driving – conceived as an instrument of both special and general prevention and as a means of the immediate protection of public safety. The imposition and duration of disqualification reflected the degree of intoxication, the nature and circumstances of the driving, recidivism, and the offender’s professional responsibility; in more serious cases it was supplemented by a custodial sentence. The article also addresses practical issues in the enforcement of disqualification and their implications. The individualisation of punishment was further shaped by assessments and guarantees issued by workplace collectives and other socialist organisations, which could support the choice of a more lenient sanction or the early remission of the remainder of the disqualification.

Authors

Publication Details

Journal
PRÁVNĚHISTORICKÉ STUDIE
Published
2026-10-06
DOI
https://doi.org/10.14712/2464689x.2026.558
Primary Topic
Criminal Law and Policy
Type
article
Field-Weighted Citation Impact
0.00
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article

„V krvi důkaz, ztratíš průkaz!“ aneb k trestnému činu opilství v socialistickém Československu

Milan Dobeš
PRÁVNĚHISTORICKÉ STUDIE
Criminal Law and Policy
article

„V krvi důkaz, ztratíš průkaz!“ aneb k trestnému činu opilství v socialistickém Československu

Milan Dobeš
article en

Abstract

The article focuses on the offence of drunkenness, understood as an endangerment offence, with particular emphasis on drink-driving. It combines a doctrinal legal analysis with an examination of criminal files from the District Court for Prague 1 and surveys the interpretation of the statutory elements, investigative and evidentiary practice, and sanctioning policy. In the sanctioning dimension, a central role is played by disqualification from activity – most notably disqualification from driving – conceived as an instrument of both special and general prevention and as a means of the immediate protection of public safety. The imposition and duration of disqualification reflected the degree of intoxication, the nature and circumstances of the driving, recidivism, and the offender’s professional responsibility; in more serious cases it was supplemented by a custodial sentence. The article also addresses practical issues in the enforcement of disqualification and their implications. The individualisation of punishment was further shaped by assessments and guarantees issued by workplace collectives and other socialist organisations, which could support the choice of a more lenient sanction or the early remission of the remainder of the disqualification.

PRÁVNĚHISTORICKÉ STUDIEVol. 56(2)
Openalex Percentile: Top 5%
Criminal Law and Policy
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