Grounds for refusal and withdrawal of international protection in the criminal law context

Abstract

This article examines the legal grounds for refusal and withdrawal of international protection in the Czech Republic, with a particular focus on their criminal law context. It analyses the interpretation of exclusion clauses under national law in light of European Union and international legal frameworks. Special attention is paid to vague legal concepts such as “serious non-political crime” and “particularly serious crime,” as well as the evidentiary standard of “serious reasons for considering.” The paper highlights the role of autonomous interpretation and the influence of judicial practice. It further explores the relationship between criminal conduct and the assessment of danger to society or state security. The article also addresses selected interpretative challenges and inconsistencies in application. Finally, it considers the broader human rights implications, including the principle of non-refoulement.