Regarding some aspects of the right to a fair trial of a legal entity in criminal proceedings in context of the european law
2018
Abstract
The contribution deals with some aspects of the right to a fair trial in criminal process conducted against a legal entity, with regard to the European Convention on Human Rights, seeking to answer the question, whether the right to a fair process applies in criminal proceedings against a legal entity. It reaches generally positive answer after analyzing the European Convention on Human Rights and the International Covenant on Civil and Political Rights, as well as the Czech legislature from a perspective mentioned above.
The contribution also outlines some troublesome areas, specifically the right to counsel of the legal entity and the question of presumption regarding the burden of proof.