Abstrakt
The chapter summarizes requirements for a new regulation of evidence in the Czech Code of Criminal Procedure. In the first part of the chapter, the author sets out three reasons for which, in his opinion, we cannot currently expect a quick recodification of criminal procedural law in the Czech Republic, although recodification works on the new Czech Code of Criminal Procedure have been going on for thirty years.
In the next part of the chapter, the author addresses specific requirements for recodification of general principles of evidence and for new regulation of evidence in the Code of Criminal Procedure. In particular, the author requires to adopt an exhaustive list of evidence, express procedural consequences of violating the rules of evidence in criminal proceedings, new regulation of interception and recording of telecommunications, clear rules for eavesdropping in an apartment, office, free space (so-called spatial eavesdropping), and to anchor procedural rules enabling greater engagement of parties in criminal proceedings, such as the injured party's right to interrogate a witness or present other evidence.