Rights of the Accused
in Czech Republic
Czech law guarantees robust rights to anyone accused of a crime. Know them — they are your most important defense tool.
Important: These rights apply from the moment you are treated as a suspect — not only after formal charging. If police are questioning you, you already have these rights. Exercise them.
Right to Remain Silent
§ 33 Code of Criminal Procedure
You are never obliged to make a statement, testify, or cooperate with police or the prosecution. Silence cannot be used against you as evidence of guilt. This right applies from the very first contact with law enforcement — before any formal charging.
Practical advice
Do not speak to police without a lawyer present. Politely but firmly state: "I exercise my right to silence and wish to speak to a lawyer."
Right to Legal Counsel
§ 33, § 36 Code of Criminal Procedure
Every accused person has the right to choose and engage a defense lawyer at any stage of the proceedings. In certain serious cases, legal representation is mandatory (necessary defense / nutná obhajoba). If you cannot afford a lawyer, you may apply for a court-appointed attorney.
Practical advice
Engage a lawyer before making any statement. Your lawyer can attend interrogations and protect your interests throughout the process.
Right to be Informed of Charges
§ 160 Code of Criminal Procedure
When you are formally charged (Sdělení obvinění), you must be clearly informed of the specific offense you are accused of, the relevant provisions of the criminal code, and the factual basis for the charges. This must be communicated in a language you understand.
Practical advice
If you do not understand the charges, immediately request clarification and ask for an interpreter.
Right to an Interpreter
§ 28 Code of Criminal Procedure; EU Directive 2010/64/EU
If you do not speak Czech, you have the right to a free interpreter at all stages of proceedings — including police interrogations, court hearings, and when reading documents. This applies regardless of your nationality or immigration status.
Practical advice
Never sign any document in Czech unless you have had it fully translated and explained. Request all official communications in your language.
Right to Inspect the File
§ 65 Code of Criminal Procedure
After formal charging, you and your defense lawyer have the right to inspect the investigation file (including evidence, expert reports, and witness statements). Some materials may be restricted during active investigation.
Practical advice
Your lawyer should review the entire file before advising on strategy. Early access to evidence is crucial for effective defense.
Right to Submit Evidence
§ 89 Code of Criminal Procedure
The defense has the right to submit evidence, propose witness testimony, and commission independent expert reports. The court must consider all submitted evidence, though it retains discretion over its weight.
Practical advice
Act early — gathering evidence and locating favorable witnesses is best done before memories fade.
Right to Challenge Detention
§ 72 Code of Criminal Procedure
Pre-trial detention (vazba) is only permitted under strict legal conditions. You have the right to a court review of detention, and detention must be terminated when its grounds no longer exist. The court must review detention every three months.
Practical advice
Detention is not inevitable. An experienced lawyer can often secure release, potentially with a bail substitute (bail, guarantee, or supervision).
Right to a Fair and Public Trial
Art. 38 Czech Charter of Fundamental Rights; Art. 6 ECHR
You have the right to have your case heard by an independent and impartial court, in a reasonable time, in a public hearing. You have the right to confront witnesses against you and to call your own witnesses.
Practical advice
Any violation of fair trial rights can be raised during the proceedings and on appeal — including before the Constitutional Court and the European Court of Human Rights.
Presumption of Innocence
Art. 40(2) Czech Charter; Art. 6(2) ECHR
You are innocent until proven guilty beyond reasonable doubt. The burden of proof lies entirely with the prosecution. No authority may treat you as guilty before a final conviction.
Practical advice
If you feel you are being treated as guilty before trial — for example in media reports or by officials — this can be challenged.
Right Against Double Jeopardy
Art. 40(5) Czech Charter
Once acquitted or convicted for a specific act, you cannot be prosecuted or tried again for the same act. This protection is also enshrined in EU law and the ECHR.
Practical advice
If new charges are filed that overlap with a matter already decided, your lawyer can raise the ne bis in idem defense immediately.
Are Your Rights Being Violated?
If you believe your rights as an accused person are not being respected, contact our lawyers immediately. We act fast.