Abstract
The monograph is devoted to the institute of custody, which is a traditional institute of criminal procedural law both in the continental legal system, which also includes the legal system in the Czech Republic, and in common law. Custody is a procedural institute that significantly interferes with the personal liberty of the accused person, and this intervention occurs at a time when his guilt has not yet been decided and the custody is thus carried out against a person to whom the presumption of innocence applies.
Custody should therefore represent an institute of an exceptional nature, which can only be applied in accordance with respecting the principle of ultima ratio. The habilitation thesis deals with the issue of respecting the uniqueness of custody imposing not only in terms of legal regulation of the conditions for its imposing, but also the approach of application practice.
It also views the institute of custody and its legal regulation in the Czech Criminal Code through the international standards and requirements arising from the principle of a fair trial. It points out to the problematic aspects of the current Czech legislation and considers whether and to what extent legislative changes are necessary.