How to defend yourself

Other defense options

Ordinary and extraordinary remedies are "classic" tools provided for in the Criminal Procedure Code used to attain the annulment of an unlawful decision. However, in the course of the criminal proceedings, the defence lawyer may take other steps that may bring about the desired result, i.e. the correction of the unlawful situation caused by unlawfully conducted criminal proceedings or a partial act of the criminal proceedings authorities.

Such steps include, among other things, various incentives which can be highly effective in some cases. In particular, these are effective in cases where no judgment has been made and there are still legal recources available for the defense.

The filing of a constitutional complaint is then a separate issue. Although it is not regarded as a standard remedy, it has a firm and indispensable position in the scheme of defense in criminal proceedings. It is used as a last instrument where no other defense is available.

What are other defense options?

Incentive for supervision

Supervision over the compliance with the legality in the pre-trial proceedings is conducted by the public prosecutor. He has a wide range of rights for this.

Incentive for surveillance

Surveillance is the exercise of authorization by the Public prosecutor's Office Act in the performance of the powers of the public prosecutor's office.

Criminal report

In some cases, an illegal criminal prosecution may result from the criminal act of another person, which has to be investigated.

Disciplinary action

Public prosecutors and judges are responsible for disciplinary offences. Following the incentive, the disciplinary action can be filed against them.

Constitutional complaint

Constitutional complaint is the last defense against a conviction and other decisions of criminal proceedings authorities.

ECHR complaint

Complaint to the European Court of Human Rights can be filed only after all legal remedies in the Czech Republic have been exhausted (i.e. after the rejection of the constitutional complaint).