Publication details

Trestněprávní meze lži při obhajobě v trestním řízení

Title in English Criminal Law's Limits of Lie of the Defence in the Criminal Proceedings


Year of publication 2019
Type Article in Periodical
Magazine / Source Bulletin advokacie
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords defense; criminal proceedings; lie; perjury; defendant
Attached files
Description The article discusses the theoretical grounds of the right of the accused to defend oneself in criminal proceedings by means of consciously providing untrue facts and their practical limitations. It analyzes relevant human rights related requirements, noting relevant passages of certain foreign legal regulations, and also addresses the historical purpose of the immunity of the accused to the crime of perjury and teleological conclusions of its current form. Since this question has not yet been solved comprehensively by the decision-making practice, this article concludes with formulating possible approaches that may be used in the application practice.
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