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Basic principles of criminal proceedings as constitutional limits

Publication at Faculty of Law |
2018

Abstract

This chapter deals with the basic principles of criminal proceedings, the leading regulatory ideas on which criminal proceedings (its organization and the operation of its organs) are built and controlled. Attention is paid to the importance of these principles, which focuses on the functions that these principles fulfill.

The author concludes that the basic principles of criminal proceedings are certain constitutional limits of criminal procedure, which are very difficult to reform, in view of their constitutional law dimension. Czech criminal proceedings are based on an incivil-imprisonment criminal procedure, which is characterized by certain principles, especially in the issue of the initiation of criminal proceedings (modification of the principle of legality) and in the field of evidence (the principle of material truth, search, free evaluation of evidence and innocence).