Principle of Prohibition of Reformationis in Peius in Criminal Proceedings – Past, Present and Future Perspectives
Abstract
The paper deals with selected issues of the principle of the prohibition of reformationis in peius. In the contribution, the author first presents the essence of this principle and the history of its legal expression in the legal regulations valid on the territory of the Czech lands.
It also deals with the constitutional dimension of this principle, when the prohibition of reformationis in peius is not explicitly expressed at the constitutional level, but the Constitutional Court judges its violation as an interference with constitutionally guaranteed rights. Attention is further focused on selected aspects of the prohibition of change for the worse in application practice, after which it deals with problems that occur in practice when imposing punishment.
In conclusion, the author also comments on possible variants of the prohibition of change for the worse in the upcoming recodification of criminal procedural law.