The principle of nemo tenetur se ipsum accusare and its impact on proving drug crime

Abstract

The article deals with the potential conflict of effective prosecution of drug crime and the preservation of the rights of the defense and fair trial of its perpetrators in the sense of Art. 6 of the Convention. It deals with the influence of the principle of nemo tenetur se ipsum accusare, which has its basis in early canon law on the current criminal process (not only) in the Slovak Republic and the questioning of the legality of selected, mostly detention, criminal proceedings. The aim of the paper is to provide de lege ferenda recommendations for the day-to-day fight of police and judicial forces against this widespread type of crime.