The Defence of the Accused in the Context of the Right to a Fair Trial
doc. JUDr. Jan Chmelík, Ph.D., University of West Bohemia, Faculty of Law, Department of Criminal Law, Pilsen
The ordinary courts during substantiation proceedings may restrict the right of the accused to comment presented evidence or other rights granted in criminal proceedings. However this procedural error have a wider impact because it is related to the right to a fair trial, which in the context of the international legal documents, biding the Czech Republic, means questioning of the adversarial proceedings. The paper defines some procedural situations when the court, without violating the constitutional standards, is not entitled to refuse to carry out proposed or submitted evidence for redundancy reasons.
Keywords: accused, defence, fair trial, criminal proceedings, the court’s independence.