Abstract
This paper focuses in particular on what prerequisites justify the possibility of criminal liability
for failure to provide public information under Article 23 of the Law on Access to Public
Information. It describes the statutory elements of the criminal act, i.e. the object of protection,
the subject side, the subject side and the subject. It also refers to basic administrative-legal
concepts related to the subject under discussion. The norm of Article 23 typifies any information
that has a public character, but the legislator has not provided a legal definition of the term
“public information.” Therefore, there may be a misinterpretation of language, resulting in the
exclusion of criminal liability by invoking the norm of Article 28 §1 of the CC. It is described
what situations may be the basis for filing a notice of suspicion of a crime. It was explained
when there is inaction in the field of access to public information and what is the inability to
provide public information. As part of the comprehensiveness of the issue, it is presented what
penalties and criminal measures can be imposed on offenders, how the mode of prosecution
is presented, as well as the concurrence of laws.