Abstract
In her contribution, the author analyses the legal regulation allowing the interception and recording of phone calls of incarcerated (i.e. particularly convicted and custodial pro-secuted) persons. With the help of the conclusions of the ECHR as well as the highest courts of the Czech Republic, she focuses on the question whether this regulation is, in its current state, constitutionally compliant and especially whether audio recordings thus obtained can be used as evidence in the criminal proceedings.
The conclusions drawn from the case law concerning other types of "non-criminal" recordings and chosen findings from abroad are pointed out in the contribution. The author expresses a conviction that should prison recordings be used as evidence in the criminal proceedings, obtaining them needs to be tied to a higher standard of protection of the person whose fundamental rights are being affected than hitherto.