Publication details

Právo předvedených, zajištěných či zadržených nemajetných umístěných v policejní cele na právní pomoc

Title in English Right of Access to a Lawyer in Case of Persons Detained without Formal Accussation


Year of publication 2017
Type Article in Proceedings
Conference Dny práva 2016: Ústavněprávní aspekty v trestním řízení
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords Free Legal Aid; Rights of Persons Detained by the Police; Ill-treatment; Forced Self-incrimination
Description European Committee for the Prevention of Torture claims that the right of access to a lawyer should be guaranteed as from the very outset of a person’s deprivation of liberty as this right is one of the key means of preventing ill-treatment. Moreover, the Committee emphasizes that access to a lawyer should be guaranteed also to persons who are not in a position to pay for her services. Last year, the lack of free legal aid for people detained by the police became the reason for criticism of the Czech Republic by the Committee. The criminal procedure code, however, guarantees free legal aid still only to formally accused and to suspects in summary proceedings and the law on the police is completely silent about this matter. What impact can such a situation have, from a constitutional law perspective, on possible criminal proceedings against a person who was deprived of liberty without having access to a lawyer because of her incapacity to pay for her services? Can the lack of regulation in this area be bridged through the widening interpretation of a recent judgement of the Constitutional Court (I. ÚS 848/16)? And is it right that the perpetrator be warned she cannot be forced to blame herself and thus that detection of crime be hindered?

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