On the issues of spatial eavesdropping in criminal proceedings and the missing legislation in the Czech Code of Criminal Procedure
Abstract
Th is chapter deals with the lack of legal regulation of the so-called spatial eavesdropping (in an apartment, in a restaurant, at school, at work etc.) in the Czech Code of Criminal Procedure. Spatial eavesdropping is, actually, used in practice and the facts ascertained because of it serve as evidence in criminal proceedings.
The author strongly recommends incorporating an explicit legal regulation of spatial eavesdropping in the Czech Code of Criminal Procedure. He presents the requirements for such regulation.
The second part of this article is devoted to the right of the eavesdropped person to request, aft er the interception is finished, the Supreme Court to review the legality of the interception order and the lawfulness of the interception itself. The author considers that it would be desirable to introduce the possibility of an unlawfully eavesdropped person to challenge, by means of an extraordinary remedy, decisions as to their substance arising from the unlawful interception.