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Are we returning to the preparation of the crime as a general form of crime?

Publication at Faculty of Law |
2018

Abstract

The contribution deals with the development of preparation of criminal offence on the territory of the Czech Republic. Referring to certain shortcomings of the previous legal regulation, the author describes the reasons that made the legislator withdraw from the concept of preparation as a general form of crime.

However, the author also points to the trend of certain amendments to the Criminal Code, that have repeatedly restored the various forms of preparatory action. This is particularly evident in cases of conspiracy and unlawful assembly, that are constructed as completed criminal offences, or of recently newly created terrorist offenses.

Particular attention of the author is paid to the contemporary legislative intention of the Ministry of Justice, which replaces the existing offenses of participation and money laundering by the only criminal offence, but not a very well formulated one, and with a very broad concept of penalizing preparatory actions. In conclusion, the author poses the question whether such regulation is still in accordance with the intention of the legislator to sanction preparation only in specific cases of especially serious felonies.