Implementation of universal jurisdiction
in the Czech Republic and Slovakia
Universality Principle
in Czech Law
The principle of universal jurisdiction in Czech law establishes that certain offenses can be prosecuted in the Czech Republic, even if such an offense was committed abroad by a foreign national or a stateless person who does not have permanent residence in the territory of the Czech Republic. The Czech Republic, therefore, applies the so-called absolute model of universal jurisdiction, which does not require the presence of the perpetrator or victims of international crimes in the territory of the Czech Republic, nor does it set any other condition for the application of universal jurisdiction.
The principle of universality is regulated in Czech law in paragraph 7 (1) of the Czech Criminal Code and in paragraph 4 (1) of the Act on Criminal Liability of Legal Entities and Proceedings Against Them. This list of offenses prosecutable under universal jurisdiction in the Czech Republic is exhaustive.
Universality Principle
in Slovak Law
The principle of universality in the Slovak law similarly establishes that certain offenses can be prosecuted in Slovakia, even when such criminal offenses were committed outside the territory of the Slovak Republic by a foreign national to whom permanent residence in the territory of the Slovak Republic was not granted. Slovakia, therefore, applies the so-called absolute model of universal jurisdiction, which does not require the presence of the perpetrator or victims of international crimes in the territory of Slovakia, nor does it set any other condition for the application of universal jurisdiction.
The principle of universality is regulated in Slovak law in paragraph 5a of the Criminal Code with an exhaustive list of offenses prosecutable under universal jurisdiction. The principle of universality is applicable only regarding natural persons as this principle is not enshrined in the Act on Criminal Liability of Legal Entities and Proceedings Against Them.
Implementation of Core International Crimes
Implementation of genocide
The Czech and Slovak Criminal Codes enable the prosecution of genocide based on universal jurisdiction.
Implementation of war crimes
The Czech and Slovak Criminal Codes enable the prosecution of war crimes based on universal jurisdiction.
Implementation of crimes against humanity
The Czech and Slovak Criminal Codes
enable the prosecution of crimes
against humanity based on universal jurisdiction.
Implementation of the crime of aggression
The Czech Criminal Code does not enable the prosecution of the crime of aggression based on universal jurisdiction. Unlike the Czech Criminal Code, the Slovak Criminal Code does not implement the crime of aggression.
Implementation of other relevant crimes
The Slovak Criminal Code implements the crime of a threat to the peace, which criminalizes war propaganda. The crime is prosecutable in Slovakia under universal jurisdiction.
Příručka ke stíhání mezinárodních zločinů podle
trestního práva České republiky
&
Príručka k stíhaniu medzinárodných zločinov podľa
trestného práva Slovenskej republiky
Guide to Prosecuting International Crimes
According to the Criminal Law of the Czech Republic
*available in Czech language only
&
Guide to Prosecuting International Crimes
According to the Criminal Law of the Slovak Republic
*available in Slovak language only
The more than 160-page Czech handbook and the more than 100-page Slovak handbook discuss the implementation of universal jurisdiction and international crimes in the criminal law of the Czech and Slovak Republics and attempt to eliminate the lack of materials on this topic in the Czech and Slovak legal environment.
The manuals offer the interpretation of international crimes implemented in the Criminal Codes of the Czech and Slovak Republics in the context of international criminal law and its rich jurisprudence. The handbooks also point out the shortcomings of the Czech and Slovak legislation.
The manuals also provide an overview of litigation based on universal jurisdiction in the world. They offer an interpretation of the model of universal jurisdiction in the Criminal Codes of the Czech and Slovak Republics with the aim of motivating the relevant authorities to apply universal jurisdiction in the conditions of the Czech Republic and Slovakia.
The manuals are primarily intended for prosecutors and investigators who have worked or may work on this agenda due to developments in the world. They are suitable for civil society, practitioners in the field of international criminal law and academia.
PŘÍRUČKA KE STÍHÁNÍ MEZINÁRODNÍCH ZLOČINŮ PODLE TRESTNÍHO PRÁVA ČESKÉ REPUBLIKY
*available in Czech language only
PRÍRUČKA K STÍHANIU MEDZINÁRODNÝCH ZLOČINOV PODĽA TRESTNÉHO PRÁVA SLOVENSKEJ REPUBLIKY
*available in Slovak language only