Publication details
Ne/možnost odposlechu komunikace mezi obviněným a obhájcem
| Authors | |
|---|---|
| Year of publication | 2023 |
| Type | Article in Proceedings |
| Conference | Košické dni trestného práva 2022: VI. ročník Hodnotové smerovanie trestného práva |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | wiretapping; advocate; criminal law; right of defens; spatial eavesdropping |
| Description | In recent years, the value direction of criminal law has focused primarily on protecting society against terrorism. As a result, there have been changes to the penal code to partially restrict certain human rights, including the right to privacy. Wiretapping, whether classic wiretapping according to § 88 of the Penal Code or spatial eavesdropping according to § 158d paragraph 2, paragraph 3 of the Penal Code already represent an intensive interference with the rights guaranteed by the Charter of Fundamental Rights and Freedoms. Primarily wiretaps should not, in summary, interfere with the rights of the defense and communication between the accused and the advocate should remain secret from law enforcement authorities, their communication should not be intercepted at all. But are there exceptions to this rule? It is also possible to record communication between the advocate and the accused, or between the advocate and the suspect? Are the values of criminal law moving in a different direction in relation to wiretapping? |