THE ACCUSED AND THEIR RIGHT TO PERSONAL PARTICIPATION AT THE COURT PROCEEDINGS IN THE CZECH CRIMINAL PROCEDURETHE ACCUSED AND THEIR RIGHT TO PERSONAL PARTICIPATION AT THE COURT PROCEEDINGS IN THE CZECH CRIMINAL PROCEDURE
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2017, Vol 46, Issue 2
Abstract
In the introduction, the author characterizes the current legal situation in the area of criminal law in the Czech Republic. The main source of criminal procedural law remains the Code of Criminal Procedure of 1961 (CCP) created under different socio-political conditions and extensively amended since 1961. Further, the author describes the procedural rights of persons accused of committing a crime. The essence of the article is then an analysis of the right of the accused to personal participation at the court proceedings under the current legal situation in the Czech Republic. The author considers this right a fundamental right of the accused in criminal proceedings since it conditions, among others, the application of other procedural rights. The author perceives the right of the accused to personal participation at the court proceedings in the Czech criminal proceedings as an obligation of the accused to appear in court. The author further specifies the exceptions to this rule in proceedings before the court of first instance, before the appellate court and in the proceedings against a fugitive.
Authors and Affiliations
Jiří Jelínek
Keywords
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