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K otázke odôvodňovania vznesenia obvinenia

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Vojtuš F., Kordík M.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
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2024
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vol. 163
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issue 8
831-864
EN
The article discusses the necessity of justifying the indictment of a specific person in criminal proceedings. The issue is examined in the context of current efforts aimed at simplifying the preliminary proceedings, including the simplification of formal requirements for the institution of indicting a specific person. The analysis is primarily based on a comparison of approaches to defining the accused and their delineation within the framework of preliminary or criminal proceedings in the Slovak Republic, the Czech Republic, Germany, Austria, and Poland. The potential impact of the absence of justification for the decision to indict a specific person on the right to a fair trial is also examined. The authors conclude that omitting justification in the institution of indictment would not constitute a deviation from the standards of criminal proceedings in our legal system, nor would it violate the right to a fair trial.
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