Abstract
This chapter points out the possibilities of applying the adversarial elements in the process of taking of evidence in criminal proceedings. It deals with different approach on the adversarial principle and adversarial procedure, which is influenced by a different perception of its functions, and also concentrates on a role of case-law in an effort to find its definition.
It examines the applicable legislation regulating the process of taking of evidence in the Czech criminal proceedings in the context of a guarantee of the right to an adversarial procedure as the aspect of a fair trial and also analyses the question whether the absence of a requirement for the adversarial principle in the process of taking of evidence is admissible. It provides a base for reflections on the possible amendments of the rules for the process of taking of evidence in relation to application or expansion (as the case may be) of the elements of the adversarial principle in criminal proceedings and thorough application of the "equality of arms" principle following from the right to a fair trial in the forthcoming recodification of criminal procedure law in the Czech Republic.