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The Right of Accused to Interpretation of Legal Counsel

Publication at Faculty of Law |
2018

Abstract

The contribution deals with the right of accused and suspect to interpreter, specifically for the interpretation of their legal counsel. The attention of the author is mainly focused on the standard of protection, which is guaranteed by the Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, which, in the author's opinion, has been inadequately transposed into the Czech legal order.

The author points out the inaccuracy of the restrictive interpretation of this right, where the accused's right to interpretation of legal counsel is restricted only to the conduct of procedural acts. Such an interpretation precludes the effective exercise of the right to defense.

In conclusion, the author points out the necessity of euroconform interpretation of the relevant provisions of the Czech Code of Criminal Procedure in order to preserve the meaning and purpose of the Directive.