Wiretapping Little Differently. Part 2.
Mgr. Bc. Pavel Málek
Czech criminal procedural law has in the past few years, increasingly repetitive and the public discussed issues. One of these problems are being solved recording of telecommunications traffic and a summary of the telecommunications executed. These are the institutes that will significantly interfere with the constitutionally guaranteed rights and are affected by decisions of the European Court of Human Rights. Since 1990, have their own specific and relatively dynamic legislative developments. The influence of these developments is the Constitutional and Supreme Courts. The decision referred to judicial authorities has an impact on their own practical application of the two institutes. This is not just a question of purely criminal, but the important thing is the view of criminology. For these reasons, it is treated as a methodological guide usable for the authorization procedure and in evaluating the information gathered.
Keywords: interception and recording of telecommunications, summary of the telecommunications executed, right to respect for private and family life, The European Court of Human Rights, particularly serious crime, identifying, process of evidence, jurisprudence of the Constitutional Court, jurisprudence of the Supreme Court.