Publication at Faculty of Law |
2019
Abstract
This article discusses the basic principles of criminal proceedings and their constitutional dimension. Firstly, the concept of fundamental principles, the relation between the concept of principle and the principle is discussed.
The author then discusses the constitutional dimension of basic principles, which he understands as the minimum standard. It concludes that the basic principles of criminal procedure are based on constitutional principles and that they are a certain material focus (content identity) of the Code of Criminal Procedure, most of which can also be included in the group of essential elements of the democratic state of law (the material core of the Constitution) so called eternity clauses.