Criminal law
It is a branch of public law that aims to protect the rights and legitimate interests of individuals and legal entities, as well as the interests of society and the constitutional order of the Slovak Republic.
Its norms regulate criminal law relations between perpetrators of crimes and the state, with the aim of protecting the most valuable values, such as life, health, freedom, property rights and others.
It is regulated in several legal regulations. The most important include:
Act No. 300/2005 Coll. Criminal Code
Act No. 301/2005 Coll. Criminal Procedure
Council of Europe Convention on Cybercrime
Criminal Offence (Criminal Offence)
Is an unlawful act, the characteristics of which are listed in the Criminal Code, unless this law provides otherwise.
For example, CRI theft, CRI copyright infringement, CRI defamation.
Types of crimes
Misdemeanor (upper limit of sentence up to 5 years): E.g. copyright infringement, theft, etc. Most cybercrime crimes fall into this category.
Felony (upper limit of sentence over 5 years): E.g. kidnapping, manslaughter, service in a foreign army, etc.
Particularly serious crime (lower limit of sentence over 10 years): E.g. murder, treason, genocide, etc.
Perpetrator of a crime
The perpetrator of a crime is the person who committed the crime alone. If the crime was committed by the joint actions of two or more perpetrators (accomplices), each of them is liable as if he had committed the crime alone.
A participant in a completed crime or its attempt is a person who:
- planned or directed the commission of a crime (organizer),
- incited another to commit a crime (instructor),
- requested another to commit a crime (orderer), or
- provided assistance to another in committing a crime, in particular by providing means, removing obstacles, giving advice, strengthening one's resolve, or promising to help after the crime (assistant).
Criminal liability
Capability to be responsible for criminal acts.
Circumstances excluding criminal liability – it will not be considered a criminal act:
- Age – 14 years (1 exception – For the crime of sexual abuse under Section 201 of the Criminal Code – 15 years)
- Insanity
Circumstances excluding the unlawfulness of the act:
- Urgent necessity
- Self defense
- Justified use of a weapon
- Permitted risk
- Exercise of rights and obligations
- Consent of the injured party
Punishment under the Criminal Code represents damage to the personal freedom, property or other rights of the convicted person, which can only be imposed on the offender by a court under the Criminal Code for the committed crime.
For committed criminal offences, the court may impose only the following penalties on the perpetrator who is a natural person:
- imprisonment,
- house arrest,
- compulsory labour,
- fine,
- confiscation of property,
- confiscation of affected property,
- prohibition of activity,
- prohibition of residence,
- prohibition of participation in public events,
- prohibition of loss of honorary titles,
- prohibition of loss of military and other ranks,
- deportation.
Criminal record
A person with a record in this register is not considered to be of good repute, which can have serious consequences in several areas. One of the most significant areas where a criminal record is reflected is limited employment opportunities, namely in the following professions:
- working in the state administration
- working in the armed forces
- working in education
- working in the judiciary
- a potential self-employed person and a statutory body of a business company must prove to the trade licensing office that they have not been legally convicted of an economic crime
Criminality (from the Latin crimen – crime)
Is a summary of crimes committed, whether intentionally or through negligence, by criminally liable individuals in a certain place and over a certain period of time (in the state, usually a year).
Computer crime
Includes crimes committed on computers and computer systems or crimes committed through them.
Cyber crime
Covers crimes committed on or through computers and computer systems, provided that they occur in a virtual environment, in cyberspace.