JURISDICTION OF THE COURT IN PRE-TRIAL PROCEEDINGS IN THE CZECH REPUBLIC

Authors

  • Denisa Coufalová Univerzita Palackého v Olomouci

DOI:

https://doi.org/10.62874/afi.2023.2.01

Keywords:

pre-trial proceedings, criminal proceedings, jurisdiction of the court, judge for pre-trial proceedings, recodification of the Criminal Procedure Code

Abstract

The article focuses on the topic of determining the jurisdiction of the court in pre-trial criminal proceedings. In the past, the Constitutional Court of the Czech Republic issued an important ruling which raised interpretative issues concerning the determination of the local jurisdiction of the court in pre-trial proceedings. In the context of this ruling, the draft new Criminal Procedure Code submitted by the Commission for the New Criminal Procedure Code will be analysed. The aim of the article is to answer the question whether the proposed wording of the new legislation provides a solution to the problematic issues related to the Constitutional Court's ruling in question. For the time being, the recodification of the criminal procedural law has been postponed, but the text submitted by the Commission may serve for possible future amendments to the effective Criminal Procedure Code, so it is still desirable to deal with the materials produced by the Commission.

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Published

2023-12-11