The principle of excluding coercion to accuse oneself in Czech criminal law in the light of new technologies and procedural aspects related to it
2021
Abstract
The chapter deals with the topic of providing mobile phone data from several aspects. It seeks to find an answer to the question of whether it is possible to force a suspect or accused to cooperate in order to obtain data in a mobile phone, possibly in other devices of new technologies, and whether the current legislation is sufficient when it comes to obtaining data from mobile phone, or requires changes.
The author concludes that nothing is black and white, but that obtaining data from a mobile phone, not from a device as such, requires changes de lege ferenda, where the solution could be to draw up a new special order by the court, which would be explicit and convincing.