Role přípravného řízení v českém trestním procesu

Abstract

The understanding of the role of preliminary proceedings within the Czech criminal process is changing in historical development. In some periods, the preliminary proceedings are given a key role in the sense that the center of evidence lies in it, while at other times, on the contrary, it is emphasized that its function is only auxiliary, since the center of evidence must lie in the proceedings before the court. Ideas are also changing about which authorities should carry out preliminary proceedings – whether it should be the police or the public prosecutor – and whether the court should also participate in the preliminary proceedings. The question of whether the participation of the accused and the defense attorney in the preliminary proceedings should be allowed is also regulated differently. These different concepts are reflected in the legislation and the wording of the Criminal Procedure Act. The author takes a position on these debatable issues and pronounces de lege ferenda.