Criminal Procedure Code at Czech Republic
The Criminal Procedure Code of the Czech Republic is established by Act No. 141/1961 Coll., commonly referred to as the Code of Criminal Procedure (Trestní řád). This legislation governs the conduct of criminal proceedings in the Czech Republic and has undergone several amendments to align with contemporary legal standards and practices.
🇨🇿 Overview of the Criminal Procedure Code
The Code of Criminal Procedure outlines the procedures for the investigation and prosecution of criminal offenses, ensuring the protection of the rights of individuals involved in criminal proceedings. Key features include:
Two-Phase Process: Criminal proceedings are divided into two main phases: preparatory proceedings and court proceedings. Preparatory proceedings involve the investigation and gathering of evidence, while court proceedings encompass the trial and adjudication of the case. (Czech Republic in: Elgar Encyclopedia of Crime and Criminal Justice)
Role of the Public Prosecutor: The public prosecutor plays a central role in the preparatory proceedings, overseeing the legality of the process and deciding whether to prosecute. The prosecutor is bound by the principle of legality, meaning they are obligated to prosecute all criminal offenses they become aware of. (Czech Republic in: Elgar Encyclopedia of Crime and Criminal Justice)
Accused Rights: The Code ensures the rights of the accused, including the right to be informed of the charges, the right to legal representation, and the right to a fair trial.
Evidence and Procedure: The Code sets forth rules regarding the admissibility of evidence, the conduct of hearings, and the issuance of judgments.
🇨🇿 Accessing the Legislation
The full text of the Criminal Procedure Code (Act No. 141/1961 Coll.) is available through the Czech Ministry of Justice. For an English translation, you may refer to the WIPO Lex database. (Criminal Procedure Code)
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