Podrobný výpis o publikaci

The article is a critical analysis of the decision of the Constitutional Court file No. Pl. ÚS 15/16, whereby the Court deals with the issue of constitutionality of strict liability of the operator of a motor vehicle. The author follows the reasoning of the Constitutional Court, which has concluded that the regulation is constitutionally conform, and concludes, on the contrary, that it is in conflict with a number of provisions of the Czech Charter of Fundamental Rights and Freedoms, in particular presumption of innocence and the nemo tenetur principle. The author concludes that the Constitutional Court effectively introduces the principle of absolute liability, and poses a question what impacts this conclusion will have on the interpretation of liability in the Administrative Infraction Liability Act.