Publication details
Právo na osobní svobodu v kontextu ne/zákonných odposlechů a záznamů telekomunikačního provozu
| Title in English | Right to liberty in the context of un/lawfully ordered wiretaps and record of telecommunication operation |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Proceedings |
| Conference | Dny práva 2019 |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Right to liberty; right to privacy; wiretap; record of telecommunication operation; Code of Criminal Procedure; Charter of Fundamental Rights and Freedoms |
| Description | Right to liberty as one of the fundamental human rights undoubtedly inter- sects the all criminal proceedings. Criminal prosecution can only take place on the basis of the law and in the manner established by the law, this fact is in force to conviction for custodial sentence. Guarantee of criminal pros- ecution only by law and in the manner established by the law prescribed by Article 8 (2) of the Charter of Fundamental Rights and Freedoms has effect general character and goes beyond a framework of imprisonment. It is possible therefore also apply to other interference with rights and free- doms associated with criminal prosecution in case that they are not insured by special guarantees. How is possible to deal with the first point of view legitimate sentence and imprisonment, where one of the incriminating and key proof was the information and facts gained on the basis of ordered wiretaps and record of telecommunication operation. However, on the basis of review before the Supreme Court, it was pronounced that by ordered wiretaps and record of telecommunication operation was broken the law? Is this a inconsequential issue or a common problem? Although by wiretaps and record of telecommunication operation is primarily tie the right to pri- vacy down, the right to liberty is also intimately associated with this institute. |