MOKRÁ, I.: Aplikačné osobitosti v konaní o priznaní nemajetkovej ujmy z dôvodu nezákonne vedeného trestného stíhania. Právny obzor, 107, 2024, č. 1, s. 54 – 66.
https://doi.org/10.31577/pravnyobzor.2024.1.04
Application specifics in the procedure for awarding non-pecuniary damage due to an illegally conducted criminal prosecution. The activity of law enforcement authorities has significantly increased in the context of the current situation on the Slovak scene. This fact can also be justified by the disclosure of increasingly serious criminal activity, in the context of which it is necessary to apply procedural acts that flagrantly interfere with the fundamental rights and freedoms of persons accused of the criminal activity in question. As an example, we can mention in particular the reinsurance institute in the form of bond. Even if the fact in question is understandable, in this connection it is necessary to emphasize that the acts in question are carried out with the intention of legality, legitimacy and, last but not least, proportionality. Assuming the absence of the mentioned attributes, it is the duty of the authorities to bear objective responsibility for their actions. This fact reflects not only the legal consequence of an illegal procedure, but also the requirement for the designation of a certain state as legal. The submitted contribution will focus attention on the actuality of proceedings on the recognition of non-pecuniary damage due to an illegally conducted criminal prosecution. Following on from the above, it also draws attention to application peculiarities that we may encounter.
Key words: law enforcement authorities, accusation, criminal prosecution, application issues