1. Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings
- Author
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Doležalová, Dominika, Gřivna, Tomáš, and Bohuslav, Lukáš
- Subjects
fair trial ,interception ,trestní řízení ,criminal proceedings ,použitelnost důkazů ,admissibility of evidence ,spravedlivý proces ,odposlech - Abstract
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...
- Published
- 2022