Protection of the fundamental rights of persons against whom acts in pre-trial criminal proceedings are directed under Czech law
Abstract
Preparatory criminal proceeding is characterized by a lower degree of formality, its indirectness, non-publicity and predominantly written form. These features affect the transparency of the procedure applied or its reasonableness, which limits the possibility of reviewing the legality of interference with the fundamental rights of persons affected by the procedural actions of the authorities involved in the pre-trial criminal proceedings.
The legal framework of interference with fundamental rights is subject to the correction of constitutional and international human rights law norms, as norms of higher legal force, which constitute the basics for guaranteeing the protection of the rights and freedoms of persons in a democratic state governed by the rule of law and also reflect the value system of society. The aim of this paper is to identify those procedural acts in pre-trial proceedings which infringe constitutionally guaranteed rights and freedoms, while the legal regulation shows a certain deficit in the mechanism of their protection.
Based on the analysis of the current legal regulation and identification of its shortcomings, the authors make de lege ferenda proposals.