Securing Persons in the Contemplated Re-Codification of the Criminal Procedural Law Cover Image

Zajištění osob ve zvažované rekodifikaci trestního práva procesního
Securing Persons in the Contemplated Re-Codification of the Criminal Procedural Law

Author(s): Jan Provazník
Subject(s): Criminal Law
Published by: Masarykova univerzita nakladatelství
Keywords: Draft New Code of Criminal Procedure; Criminal Procedure; Securing of Persons in Criminal Procedure; Pre-trial Custody; Securing of a Witness for Order-keeping

Summary/Abstract: The paper focuses on the part of the draft new code of criminal procedure which regulates legal provisions on securing persons in the criminal proceedings (custody, apprehension, summoning etc.). It provides an overview of the conception of the new proposed regulation as well as a presentation of the most significant changes and identifies the most problematic novelties among them, which it then subjects to a critical analysis resulting into a concrete recommendation how to amend their shortcomings. Above from that, it also pays its attention to the portions of the draft that were in principle taken over from the current Code of Criminal Procedure without any major changes, although according to the author’s opinion they deserved a modernization. Apprehension of a suspect, searching for persons, securing of a witness for order-keeping and several aspects of pre-trial custody are the highlighted areas at which the spotlight of this article is targeted.

  • Issue Year: 31/2023
  • Issue No: 4
  • Page Range: 805-833
  • Page Count: 29
  • Language: Czech