Publication details

Ochrana svědka (nejen) sexuálního trestného činu v trestním řízení

Title in English Protection of Witnesses of (not only) Sexual Crimes in Criminal Proceedings
Authors

VYORALOVÁ Gabriela

Year of publication 2026
Type Peer-reviewed scientific article
Magazine / Source TRESTNĚPRÁVNÍ REVUE: ODBORNÝ RECENZOVANÝ ČASOPIS PRO TRESTNÍ PRÁVO
MU Faculty or unit

Faculty of Law

Citation
web https://www.email.cz/download/k/ADLc1SKIoPuq1u0WKAPCergBlheJKmkAenA0gWST_51gqY6eoO21nNZFGE_i0STb310wZ8s/TR2_Vyoralova.pdf?u=20380742
Keywords witness; protection; sexual crime; particularly vulnerable victim; secondary victimization
Attached files
Description Criminal acts against human dignity in the sexual sphere are highly harmful to society, as they interfere with the fundamental right of individuals to freely decide on their sexual relationships. The issue of evidence in criminal proceedings appears to be a particularly interesting problem area. Victims of sexual offenses may be, and often are, afraid of encountering the perpetrator again, which in practice can lead to various complications in proving the case, as in many cases it is simply the victim's word against the perpetrator's, with no other evidence to clarify the act and convict the perpetrator. Among the causes of secondary victimization of victims is the inappropriate approach of law enforcement authorities. It is necessary to carefully balance the right of the witness (victim) to protection and respect for their private life on the one hand, and the right of the accused to a fair trial and the right to defense on the other. This article is devoted to the issue of witness protection (not only) in sexual crimes in criminal proceedings, focusing primarily on methods and possibilities of protection, addressing the (un)willingness of witnesses to testify, and prevention.

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