The Constitutional Court has emphasized in a recent ruling that the mere delay of criminal proceedings by the accused cannot justify the imposition of detention without further justification. The courts should first use less invasive means, such as bringing him to court. Only if they fail can restrictions on personal liberty be considered.
In the present case, the accused was remanded in custody on the grounds that he had repeatedly evaded the main trial and his concealment could not be ruled out. However, according to the Constitutional Court, such a conclusion was not sufficiently substantiated – the court did not use the available means to compel the accused to participate in the proceedings without interfering with his personal liberty. It therefore considered the detention in custody to be an unconstitutional interference with fundamental rights.
Thus, the Constitutional Court formulated an important principle: Obstructive conduct can only constitute an escape ground for detention if the court has previously used legal and lesser tools, such as summons or citation, to no avail. Otherwise, detention is inadmissible and contrary to Article 8(5) of the Charter of Fundamental Rights and Freedoms.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
