Elektronický monitoring v trestním řízení

Abstract

The electronic tracking of people still represents a novelty in the criminal law of the Czech Republic, but the Slovak Republic too, The electronic monitoring alias electronic control is a procedural institute allowing to track, not exclusively, the accused or convicted persons. In our legal terms it is considered to be a complementary surrogate/substitute replacing the traditional mechanisms and measures as a custody or serving a sentence of house arrest. It’s essential that e-control is not a separate legal instrument, but there must be some connection to the criminal law measure or penalty. This contribution is devided into two parts. The first part is oriented to the legal basis of exploitation of the e-monitoring in criminal matters, included many pitfalls and imperfections. The second section deals with technical and operational conditions of exploitation of the e-monitoring from a practical point of view. The aim of this contribution is to approximate and summarize the fundaments of e-monitoring, primarily in the Czech Republic, with a reference to its closer complications and considerations about a possible solutions.