Whenever a prosecutor decides not to prosecute an offence on the reason that it has not been committed with the guilt specifi ed by law, the judicial body should carefully examine the author’s subjective position and the factual elements on which this position is construed. In this article I will discuss the merits of such a solution in a case of a crime of falsifying private documents, from a real-life caselaw, in which both the prose...

It is well-known that, in principle, no person entitled to a civil subjective right can be held liable for the damage caused by exercising that particular right. However, the principle of good faith and the obligation which is the result of it requires that the exercise of any civil subjective right respects its rigor. On the one hand, this means that the civil subjective right must be exercised for the purpose that has been recognized b...