Publication details

Ústavně konformní intepretace a aplikace § 67 trestního řádu

Title in English Constitutionally conform interpretation and application of § 67 of the Criminal Procedure Code


Year of publication 2021
Type Article in Periodical
Magazine / Source Trestní právo : odborný časopis pro trestní právo a obory související
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Keywords xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Attached files
Description The legal regulation of the institution of custody is not comprehensive and at the first sight may not seem problematic, but the opposite is true, because the relatively economical text of the legislation often hides very complex requirements arising from the case law of the Constitutional Court and the European Court of Human Rights, which may not be entirely clear at the first sight. Therefore, in this article, I decided to analyze the most important requirements, the knowledge of which is crucial to correct, and therefore the constitutionally compliant interpretation and application of § 67 of the Criminal Procedure Code, as the first custodial provision in the Criminal Procedure Code. Because of the number of human rights and legal requirements and case law on this topic, I consider the correct interpretation and application of custody provisions to be relatively difficult.
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