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The continuation of pre-trial detention
Fišerová, Veronika ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The continuation of pre-trial detention Abstract The rigorous thesis deals with the much-discussed institute of the criminal proceeding, namely the pre-trial detention, especially with regard to its continuation, course. The personal freedom is one of the most important and most often infringed human rights in our environment, unlike other highest important rights (e.g. the right to life, the prohibition of torture, etc.). The pre-trial detention is following the imprisonment the most serious of these interventions, even when there is no final conviction and the principle of the presumption of innocence fully applied. The main issue of the pre-trial detention is a number of conditions that must be met so the person could be taken into the detention and subsequent decision on its further continuation could be made. The whole situation is further complicated by the fact that these conditions are not only contained in the Criminal Procedure Code, but also in the European Convention on Human Rights and Fundamental Freedoms and especially in the case law of the Constitutional Court and the European Court of Human Rights. The primary goal of this thesis is to state all these conditions in one place, with an emphasis on deciding on the further continuation of the pre-trial detention. The pre-trial detention is...
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