Publication details

Podání vysvětlení a výslech ve světle odformalizování přípravného řízení

Title in English Providing of Explanation and Interrogation In the Light of Deformalization of Preparatory Proceedings
Authors

ČEP David KANDOVÁ Katarína LUKÁŠOVÁ Marcela

Year of publication 2019
Type Article in Proceedings
Conference Přípravné řízení dnes a zítra
MU Faculty or unit

Faculty of Law

Citation
Keywords preliminary proceedings; providing of explanation; interrogation; accused; witness; evidence
Attached files
Description According to the actual legislation, phase of preliminary proceedings serves to search and secure most of evidence for purposes of criminal proceedings. In submitted contribution, we focus on two possible ways of obtaining testimony of potential witnesses and suspect or accused – giving explanation and interrogation – these instruments, however, have different aim. Former serves to law enforcement authorities or accused for their decision whether certain person disposes of some information important for criminal proceedings so that he (she) could be later interrogated as witness or not (it can also lead to establishing of accused). Latter serves to secure testimony of witness or accused for both finding new evidence and for its eventual use as an evidence in court proceedings. Crucial problem of current practice lies in use of institute of ´giving explanation´ as a tool for obtaining testimony that is in contrary with its original purpose. In our contribution, we come with some ideas on actual state of application practice, recommendations and deeper consideration on how current draft of new Code of Criminal Procedure (one of its goal is, actually, de-formalization of preliminary proceedings) may change present situation.
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