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The Right of the Injured Party to Effective Investigation

Publication at Faculty of Law |
2019

Abstract

In their contribution, the authors report about the concept of the right of the injured party to the so-called effective investigation, which was firstly established in the case law of the European Court of Human Rights and subsequently in the case law of the Czech Constitutional Court as well and which grows in importance, especially during the last years. With the help of the analysis of the relevant case law, the content of the aforementioned term as well as the extent of the right in question and the changes of its perception are discussed in the text.

Further on, the authors focus on the instruments of protection of the interests of the injured party according to the current legislation (in particular to the supervisory and control powers of the public prosecutor) and the changes proposed in the ongoing recodification of the criminal procedure law. The authors then analyse another legal mechanism serving to protect the rights of the injured party - the institute of the subsidiary action.