Abstract:

The fundamental regulation of governmental invests is Czech Act on Public Contracts. Its main objective is a financial saving in the procurement of goods and services by the state. In some specific cases, this objective may come into a conflict with other interests protected by a law. Several verdicts recently delivered by courts in criminal cases relating to a procurement of medical supplies bring a new and interesting insight into this issue. Some conflicts with social interest were identified on basis of these verdicts. These interests are the maintaining of the Czech Republic Armed Forces combat capability and its function in peace-time, fulfilment of international obligations of the Czech Republic and the requirement for the strict adherence to military orders. Some cases, in which different interests outweigh the interest protected by the Act on Public Contracts, were found.