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Reflection of the principle of contradictory in the Czech criminal and civil process

Publication at Faculty of Law |
2020

Abstract

The paper deals with the principle of contradictory and its reflection in criminal and civil proceedings. First, the application of the principle of contradictory in criminal proceedings is discussed, especially at the stage of the main trial, and then its application in civil proceedings.

The peculiarity of the criminal process is its division into the pre-trial stage and court proceedings, while the two stages differ significantly, yet they influence each other and to a large extent also predetermine them. The specificity of the civil process, in which the classical pre-trial stage is absent by the nature of the matter, is its differentiation into a controversial and indisputable procedure.

The principle of contradictory, as the right to access and respond to information, takes on different content in these variations.