Publication details
Právo obviněného na nahlížení do spisu - se zvláštním zaměřením na vazební řízení
| Title in English | The right of the accused to inspect the file - with a special focus on remand proceedings |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Bulletin advokacie |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | access to the file; criminal proceedings; the right of defence; citizenship; naturalisation |
| Attached files | |
| Description | The paper analyzes the provision of Section 65 (2) of the Code of Criminal Procedure, according to which it is possible to deny the defense access to the file. However, that provision does not make any distinction between whether or not the accessed person is in pre-trial custody. This indifference is being criticized. This is an issue that has been issue by the European Court of Human Rights (ECHR) in recent years (especially in cases against Germany) and has become subject to increased doctrinal, judiciary and legislative interest. The text reflects on whether the conclusions from Germany are applicable to Czech practice. In conclusion, the question arises as to the extent to which the conclusions on refusal of access to the file when interfering with the right to personal freedom are applicable to interventions in other rights, even outside criminal proceedings - especially in the context of the issue of denial of access to the file in naturalization proceedings. |
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