Stanislav Mihálik

In the paper, the authors focus on the analysis of the objective aspect of the crime of homicide and culpable bodily harm with an emphasis on the caused consequence. In addition to the traditional approaches to the interpretation of relevant concepts, they focus their attention on interpretative problems occurring in application practice, while also pointing out possible ways of solving them. Finally, special attention is paid to the process of imputation of special qualifying terms (circumstances conditioning the application of a higher penalty rate), the authors point out the need to avoid application duality in the process of imputation of these features, i.e. to proceed in accordance with the substantive line of the ne bis in idem principle.

The main task of the presented commentary is primarily the analysis of the decision of the European Court of Human Rights (ECtHR) in the case of Erik Adamčo v. Slovakia (Application no. 19990/20) dated June 1, 2023. This analysis specifically considers the implications for legal practice in the conditions of the Slovak Republic. The legal framework focuses on cooperating individuals and their testimonies during criminal proceedings, particularly considering the necessity of perceiving the proportionality of using such evidence in relation to guarantees securing the overall fairness of the proceedings. Examining this question is particularly significant in cases involving statements of individuals who admitted to committing criminal activities in the initial stages of criminal proceedings and subsequently agreed to cooperate with the prosecution in order to obtain certain benefits. The inherent issue in this regard is not merely the use of this type of evidence but rather the manner in which it is utilised, emphasising the perception of the benefits associated with its provision.

On March 30, 2023, Public Debates on the draft amendment to the Criminal Code were held in the premises of the Comenius University Bratislava, Faculty of Law, which was organized by the Ministry of Justice of the Slovak Republic in cooperation with the Comenius University Bratislava, Faculty of Law.

On September 12 and 13, 2022, the international scientific conference "Bratislava Legal Forum 2022" was held under the auspices of the Alumni Club of the Comenius University in Bratislava, Faculty of Law. The central theme of the plenary session was "The rule of law and the academy in the storms of 100 years". This year's conference was significant because it was also part of the celebration of the 100th anniversary of the founding of Comenius University in Bratislava, Faculty of Law. Discussion in Section no. 13 Criminal law, Criminology and Criminalistics, in Slovak, Czech and English, was conducted as part of a project supported by the Research and Development Support Agency APVV no. 19-0102 ”The efficiency of pre-trial proceedings – research, evaluation, criteria and influence of legislative changes ”. The given section was aptly titled: "The efficiency of the pre-trial proceedings – current state and challenges for the future".

In the presented paper, the author focuses on the study and description of the influence of Roman law, or its ideological bases, on the legal regulation of punishment through the Criminal Code in the conditions of the Slovak Republic. Author then pays special attention to the legacy of Roman law and its identification in the institutes which form the basis of the punishment mechanism, as well as the importance of this legal system for the individual basic principles on which punishment is subject in the conditions of the Slovak Republic. Finally, the author also deals with the method of punishing the so-called concurrence of criminal offenses (as a form of multiple crime), in comparison with the basic approaches that were created in the given sphere by the legal system of Roman law.

An international scientific conference organized by the Academy of the Police Force in Bratislava entitled: “THE EFFICIENCY OF PRE-TRIAL PROCEEDINGS – RESEARCH, EVALUATION, CRITERIA AND INFLUENCE OF LEGISLATIVE CHANGES” was held on 04th and 5th November 2021 at the Academy of the Police Force in Bratislava, within the project APVV-19-0102 “The efficiency of pre-trial proceedings – research, evaluation, criteria and influence of legislative changes” under the auspices of Dr. h. c. prof. JUDr. Lucia Kurilovská, PhD., the Rector of the Academy of the Police Force in Bratislava and prof. JUDr. Jozef Čentéš, PhD., Head of the Department of Criminal Law, Criminology and Criminalistics, Comenius University in Bratislava, Faculty of Law.

In the presented paper, the author deals with the issue of the basic principles of substantive criminal law with an emphasis on their material and ideological basis in Roman law and in canon law. The author places special emphasis on the importance of Roman and canon law in connection with the possible positive enshrinement of the basic principles of substantive criminal law in the Criminal Code.