Publication details
Použitelnost prostorových odposlechů v jiné trestní věci
| Title in English | Applicability of bugging in another criminal case |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Státní zastupitelství |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | bugging; wiretapping; criminal law |
| Attached files | |
| Description | The applicability of spatial eavesdropping in another criminal case is not unambiguous in the Criminal Procedure Code. The Criminal Procedure Code explicitly regulates only the applicability of monitoring persons and things pursuant to Section 158d (2) of the Penal Code, and, in a situation of monitoring persons and things, where the inviolability of the dwelling, letter secrecy is infringed or the content of other documents and records kept in private by technical means and records kept in private by technical means is to be ascertained, it gives scope for interpretation by case law. The Supreme Court has included its two previous decisions in the green collection of court decisions, which, however, do not deal with the principle of proportionality and differences with the institute of classical wiretaps pursuant to Section 88 Criminal Procedure Code of the whose analogy is often argued. |