Summary

The Penal Code was passed on 6 June 2001, and it entered into force on 1 September 2002. The article analyses the legal policy solutions of the Special Part of the Penal Code and future developments, without detailed analysis of the separate issues of the Special Part.

Those problems in the Special Part of the Penal Code that the author considers more important are examined in the light of future possible amendments. The implementation practice for the Special Part of the Penal Code, however, is examined only to the degree as is necessary to examine the Code itself.

The author firstly analyses the tendencies to criminalise and decriminalise that followed the adoption of the Penal Code, emphasising the need to avoid using the penal law as a means of resolving temporary problems. This is followed by an examination of the accordance between the General Part and the Special Part, noting the fact that many of the new opportunities offered by the General Part have not been realised in the Special Part.

The preservation of the approach based on the law of punishment of a person in the Special Part of the Penal Code is raised as a basic problem. There is more detailed discussion in the article of official offences, looking at two issues: the definition of an official, and the substance of a misuse of an official position.