Confidentiality of Communication with a Lawyer as Part of a Fair Trial

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F26482789%3A_____%2F20%3AN0000073" target="_blank" >RIV/26482789:_____/20:N0000073 - isvavai.cz</a>

Result on the web

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DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Confidentiality of Communication with a Lawyer as Part of a Fair Trial

Original language description

The norms of the constitutional law principally facilitates that the state penal authorities can entry in to basic human rights area. The state authorities can decide on the basis of legal procedural norms about the quily and penal sanctions and the punishment. The eventuality of the following punishment is then more or less repressive entry in to constitutional natural law area. In the respect to the legality of the state intervention in the natural human rights area is this measure depending on the intensity in the application of relevant procedural law instruments, and also on the proportionality of them to the concrete situation or rightness of the choice of eventual legal instrument etc. In this sense we can see the confrontation of the constitutional principles of right to fair trial not only from the principle of the legality this instrument but also on the basis of the principle of prohibition of the arbitrability. The content of this chapeter is the issue of interference in the confi dential relation-ship between the lawyer and their client. Th e nature of this relationship is supported by the duty of confi dentiality, which is intended to help the client in the future to secure the full right of defence. A lawyer can only build a true and eff ective defence aft er their client has provided them with all the important information. Law enforcement authorities moni-tor interference in the confi dentiality of this communication by public interest in detecting crime. Th e chapter discusses the constitutional and legal regulation of these institutes, as well as related judicial case law, especially the European Court of Human Rights. Attention will be paid to the critical assessment of this regulation and, using foreign practice, to pres-ent proposals for its amendment to provide maximum guarantees of a fair trial.

Czech name

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Czech description

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Type

C - Chapter in a specialist book

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2020

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Book/collection name

Protection of fundamental rights and freedoms in criminal procedure

ISBN

978-80-7502-449-7

Number of pages of the result

16

Pages from-to

67-82

Number of pages of the book

162

Publisher name

Leges

Place of publication

Praha

UT code for WoS chapter

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