Základní zásady trestního řízení – jejich výjimečnost a výjimky z nich

Abstract

This article deals with the basic principles of criminal procedure in the context of the forthcoming recodification of criminal procedural law. The basic principles of criminal procedure represent the guiding ideas of Czech criminal procedure and their importance is concentrated in the functions they perform. In the context of the forthcoming recodification, the legislative function is gaining importance. As the basic principles are the principles of criminal procedure, they cannot be applied in all situations and stages equally. Their characteristic features are conditionality and harmonious system, but they may also have a contrapositional character. The article draws attention to the exceptional (unique) position that these principles have in the criminal process, but it also shows the exceptions to them.