Publication details
Trestný čin mučení a jiného nelidského a krutého zacházení v souvislosti s využitím zajišťovacích institutů v trestním řízení
| Title in English | Crime of torture and other cruel and inhuman treatment in connection with securing legal institutes |
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| Authors | |
| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | Restraint of personal freedom is inseparably connected with the use of all institutes of seizure claimed against persons in criminal proceedings. It unquestionably constitutes one of the most important interferences with rights and freedoms of individual. According to the opinion of the agencies which supervise the respect for human rights, with the application of institutes of seizure comes higher risk of inadequate or even unlawful use of physical strength or mental pressure by police officers of the Police of the Czech Republic. Within the scope of submitted paper authors deal with the issue of ill-treatment in connection to its possible classification under the body of the crime of torture and other cruel and inhuman treatment. First two chapters are focused on specification of the terms of torture and ill-treatment from the point of view of agencies which supervise the respect for human rights on international level and also of related judicature. In terms of effort for maximal overlap from theoretical level to the area of application practice there is an analysis of spectacular case Gäfgen vs. Germany from the Czech criminal law point of view at the end of the paper. |
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