Publication details
Ústavně konformní interpretace a aplikace institutu vazby aneb kdy může být dotčeno právo na osobní svobodu aplikací trestního řádu
| Title in English | Constitutionally conform interpretation and application of the institute of custody, or when the right to personal freedom may be affected by application of the Criminal Procedure Code |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Proceedings |
| Conference | DNY PRÁVA 2019 – DAYS OF LAW 2019, ČÁST II. – PRÁVO NA OSOBNÍ SVOBODU |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníky |
| Keywords | xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx |
| Description | Legal regulation of custody is regulated in § 67 et seq. Act No. 141/1961 Coll., the Criminal Procedure Code, and in the case of the interpretation and application of this serious criminal-procedural detention institute it is not sufficient to take into account “only” the provisions of the Criminal Procedure Code. In some cases, human right law and related case law go beyond the legal regulation of custody, but judges do not always reflect this fact and therefore do not interpret and apply the provisions of the Criminal Procedure Code, specifically the institute of custody constitutionally conform. Therefore the question will be asked: how often this happens, respectively under what conditions, because a possible remedy by the Constitutional Court or even the European Court of Human Rights already means that it was unlawful (and sometimes irreparable) interference into the right to personal freedom, and this is a situation which is highly undesirable for all parties involved. The answer to this question can be found in the case law of the Constitutional Court, so its quantitative and qualitative analysis will be carried out in order to answer these questions. The aim of this paper is to provoke a discussion and try to find an answer to at least some questions that are related to the presented issue. |