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Publication details
Ústavní právo a zákonná povinnost mlčenlivosti poslanců
Title in English | Constitutional Law and Statutory Duty of Confidentiality of Deputies |
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Authors | |
Year of publication | 2017 |
Type | Article in Periodical |
Magazine / Source | Trestní právo : odborný časopis pro trestní právo a obory související |
MU Faculty or unit | |
Citation | |
Web | Repozitář MU |
Field | Law sciences |
Keywords | Confidentiality |
Attached files | |
Description | The paper deals with constitutional right of a deputy to keep information confidential as well as the statutory duty of confidentiality of deputies – members of the commission of inquiry of the Chamber of Deputies. This paper strictly distinguishes between these two terms. The deputies (members of the commission of inquiry) can be deprived of their duty by decision of the Chamber of Deputies. On the other hand, the constitutional right to keep something confidential is a private privilege of each deputy or former deputy and the deputy cannot be deprived of their right by anybody. This also applies to criminal procedure where deprivation of confidentiality is regulated by the Code of Criminal Procedure (as a statute) which cannot change or restrict constitutional norms. The right to keep something confidential also covers the right to refuse to issue documents where confidential information is contained. |