Audiovisual recording as evidence in criminal proceedings

Audiovisual recording as evidence in criminal procedure Abstract This thesis deals with the admissibility of audiovisual records made in the form of spatial surveillance. Such records are made by law enforcement authorities in accordance with Section 158d of the Code of Criminal Procedure, which regulates the surveillance of persons and items in criminal proceedings. The regulation of spatial surveillance is a controversial topic in Czech law, with some experts even arguing that no such regulation exists. However, majority of experts focus on the current differences in the authorization of surveillance of persons and items. According to the current regulation, surveillance of persons and objects pursuant to Section 158d Subsection 3 of the Code of Criminal Procedure, which involves interference with the inviolability of residence, the confidentiality of correspondence or finding the contents of other documents and records kept in private, requires a prior authorization of a judge, while surveillance pursuant to Section 158d Subsection 2 of the Code of Criminal Procedure, in which records are obtained but this process does not interfere with the rights and freedoms under Section 158d Subsection 3 of the Code of Criminal Procedure, requires "only" the authorization of a public prosecutor. However, less...