Conditions for the Penalty of Deportation and Circumstances Precluding the Imposition of Such a Punishment, and Investigation Thereof by a Court Ex Officio. Respect for Fundamental Rights in the Imposition of the Penalty of Deportation in Accordance With the Decision–Making Practices of the Constitutional Court [CZE] and the European Court of Human Rights

Order of the Supreme Court [CZE]2 No 4 Tdo 531/2010-I of 22 June 2010

Regulations Used:

  • Act [CZE] No 140/1961 Coll., as amended, the Criminal Code (“CC 1961 [CZE]”): Section 23, Section 57, Section 163a, Section 171a
  • Act [CZE] No 141/1961 Coll. on criminal proceedings (Rules of Criminal Procedure), as amended (“RCP [CZE]”): Section 265b(1), Section 350b
  • Act No 326/1999 Coll. on the residence of foreign nationals in [CZE] and amending certain laws, as amended by Act No 217/2002 Coll. and Act [CZE] No 161/2006 Coll.: Section 15a, Section 83
  • Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
  • European Convention for the Protection of Human Rights and Fundamental Freedoms (the “ECHR”): Article 8
keywords
appellate review
European Convention for the Protection of Human Rights and Fundamental Freedoms
illegal migration
unauthorized entry
appeal
offender
long-term residence
personal situation
long-term residence permit
human rights
admissibility of deportation
immigration
family reunification
criminal organization
European Union
penalty of deportation
refugee
family relationship
general interest
ex officio
introduction of serious diseases
about the authors

Bohuslav Halfar is head of the Department of Law at the Faculty of Economics, VŠB – Technical University, Ostrava. He specializes in economic crime. In recent years, he has also dealt extensively with the issues of international criminality, international legal assistance in criminal matters and the competence (jurisdiction) of law enforcement agencies and courts in relation to crime with cross-border (international) elements. He is also a criminal defence lawyer and until 1989 he spent nine years as a judge (in criminal matters) at Ostrava District Court as a court of first instance. He is also a member of the WJA – the World Jurist Association (Washington, DC, USA) etc.

e-mail|: bohuslav.halfar@vsb.cz