Limits of confidentiality of communication between the defense attorney and the accused, or between the attorney and the client
2022
Abstract
The article deals with the controversial issues of the current legal regulation of wiretapping communications between the defense attorney and the accused. It analyzes different interpretations of the criminal code on the question of when such communication is discreet and not admissible as evidence in criminal proceedings.
It deals with the available doctrinal opinions, the jurisprudence of the European Court of Human Rights and the Constitutional Court, as well as proposals made in the framework of the planned recodification of the criminal code. He comes up with his own argumentation and proposal de lege ferenda, the ambition of which is to remove the current interpretive ambiguities.