Abstract
The monograph addresses the basic theoretical issues of criminal procedure law in the Czech and Slovak Republic. Although the countries shared a common legislation in the past, their legal situation is different nowadays.
While the Slovak Republic made an overall recodification of criminal law in 2005, the Czech Republic enacted only a new Criminal Code in 2009 and a new Code of Criminal Procedure is still in the preparatory phase. The monograph chapters discuss the fundamental principles of criminal proceedings as a whole, as well as selected individual principles of criminal proceedings; the right to a fair trial and its constitutional safeguards; the subjects of criminal proceedings; the question of indictment monopoly of public prosecutor; the issue of private and subsidiary indictment; the questions of evidence in criminal proceedings; the principle of ne bis in idem; the rules of the so-called identity of act; the position of preliminary hearing (pre-trial stage of criminal proceedings) within the overall structure of criminal proceedings; and other important issues.
The issues are discussed also from the perspective of related disciplines, especially from the perspective of administrative law; and in the historical context, starting from Roman law and finishing with the current recodification works on the new Code of Criminal Procedure and criminal law studies at Charles University Faculty of Law.