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

Kód výsledku v 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>

Výsledek na webu

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DOI - Digital Object Identifier

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Jazyk výsledku

angličtina

Název v původním jazyce

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

Popis výsledku v původním jazyce

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.

Název v anglickém jazyce

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

Popis výsledku anglicky

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.

Druh

C - Kapitola v odborné knize

CEP obor

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OECD FORD obor

50501 - Law

Projekt

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Návaznosti

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Rok uplatnění

2020

Kód důvěrnosti údajů

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

Název knihy nebo sborníku

Protection of fundamental rights and freedoms in criminal procedure

ISBN

978-80-7502-449-7

Počet stran výsledku

16

Strana od-do

67-82

Počet stran knihy

162

Název nakladatele

Leges

Místo vydání

Praha

Kód UT WoS kapitoly

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