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Current Issues of Evidence in Criminal Proceedings

Publication at Faculty of Law |
2016

Abstract

This chapter deals with the application of evidence in criminal proceedings in the light of the Constitutional Court judgment no. 4/14 of 19 April 2016, which was rejected by the group of deputies who proposed the Constitutional Court for the annulment of § 15 paragraph 3 second sentence and paragraph 5 Ministry of justice Decree no. 23/1994 Coll. of the Rules of Procedure of the prosecution, governing, among other things competence of the prosecutor's office to supervise the pre-trial and the resulting local jurisdiction for acts in preliminary proceedings. The author discusses the various arguments for annulment which said petitioners and also reminds solutions Constitutional Court, which rejected the proposal while, but carried out a constitutional interpretation of the provision.

It is also not omitted nor the opinion of the Supreme Public Prosecutor's Office or one of the first decisions of the High Court in Prague based on constitutional interpretation.