Hrubá nedbanlivosť v trestnom práve ako základ budúcej rekodifikácie Trestného zákona?

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Authors: Maximilián Kiko, Daniel Richter
Cited by: 1

Abstract

This paper addresses the issue of gross negligence in criminal law from the perspective of legal doctrine, case law, and proposed legislative reforms. Its primary aim is to assess whether gross negligence constitutes a distinct form of culpability or merely a more intense expression of conscious or unconscious negligence. The analysis includes doctrinal interpretations from Czech and Slovak legal scholarship, judicial decisions, and the influence of EU law. The article proposes criteria for distinguishing gross negligence from other forms of culpability and evaluates their relevance in light of the ultima ratio principle. The authors conclude that gross negligence does not constitute a new type of culpability, but rather a heightened level of existing negligence. Legislative recognition of this concept may improve legal certainty and predictability in the prosecution of negligent offenses.

Fields of Study & Subjects

Criminal Law and Policy European Criminal Justice and Data Protection Criminal Justice and Corrections Analysis

Publication details

Journal / source
Právny obzor
Publisher
Central Library of the Slovak Academy of Sciences
Volume
108
Issue
6
Publication date
19 January 2026