Surveillance of persons and items in criminal proceedings can take numerous forms (from surveillance of a postal consignment, through interception and recording of telephone traffic to use of operational search means) and is addressed in several different sections of the Criminal Procedure Code. This contribution is aimed on surveillance of persons and things according to §158d of the Criminal Procedure Code in the context of breach of the right to privacy.
The author especially deals with the conditions under which the evidence acquired through surveillance means can be used at the court of law. It deals with relevant decisions of the ECtHR, the Constitutional Court and the Supreme Court of the Czech Republic.
After thorough analysis, he finds the deficiencies of current legislature, and proposes adequate propositions de lege ferenda.