NIEKOĽKO POZNÁMOK K NÁMIETKE ZAUJATOSTI V TRESTNOM KONANÍ

DOI: https://doi.org/10.33542/SIC2020-2-02 

Autor: Martin Floriš

Rok vydania: 2020

Vydavateľ: Univerzita Pavla Jozefa Šafárika v Košiciach, Právnická fakulta

Dostupné od: 20.09.2020

URL časopisu: http://sic.pravo.upjs.sk/

Abstrakt: The right to a fair trial conducted by an independent and impartial tribunal, extending by analogy to the dimension of independence and impartiality of the law-enforcement authorities (with the exception of relations of superiority and subordination, which cannot be observed in court-structures), the timeliness of which can be also confirmed by the current disturbing findings, related to the failure of the independence of at least part of the judiciary, or (again) at least the individual-observed failure of judges as persons whose mandate has and must be in future guarantor of the right to a fair trial. As far as impartiality is concerned, it must objectively be part of the legal culture of a democratic state. However, for the sake of completeness, it should be added that the legislation only analyzes the state of de lege ferenda and that its actual remittance will always be at least partly dependent on the persons executing the state power, but this fact does not prevent this article from analysing that kind of proceedings.

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