| Abstrakt: |
Abstract: This paper seeks to perform an analytical reflection of the resignation to review double criminality, which is in the heart of the legal institution of surrender based on the European arrest warrant in the field of thirty-two criminological categories. To do so, first this paper subjects to consideration the basic theoretical grounds of the right of the state to punish in general, i.e. in the domestic scope, with regards to the consensual theory of the origin of state and its legal competences, stemming from the social contract theory. Then the paper compares the findings of this consideration with the possibility to enforce criminal law of one state on the territory of another state. The paper also sketches some general issues of criminal law systems of various EU Member States in order to point out their great diversity, which systematically excludes complete agreement as to the result on the criminalization of certain actions. The aim of this paper is to answer the question whether it is possible, with regard to the great diversity of approaches in the EU member states to the basic questions of criminal liability, to abandon the double criminality review when surrendering people based on the European arrest warrant or if this abandonment stands in contradiction to the obligation of the state to assert its criminal law instruments in the broad sense only in cases, that are originally defined as crimes in its own legal order. |
