Abstrakt
The chapter deals with the fruits of poisonous tree doctrine, originated in the USA, analysed in the context of the Czech Republic's criminal law, especially in the context of unlawful wiretapping. In this article, the particular theoretical and case-law approaches to the application of the fruits of poisonous tree doctrine in the Czech Republic's legislative environment are described.
Then, the conclusions are used in considering the question of legality of wiretapping and interception of telecommunications and legality of evidence thereby obtained. Finally, the article refers to the court decisions, which determine and specify the individual requirements under which wiretapping and interception of telecommunications may be not only ordered, but also used in the criminal proceedings before the court.
In conclusion, there is a de lege ferenda suggestion for defining the reasons resulting in an (absolute) invalidity of the specific wiretapping and interception of telecommunications.