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.
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 Legal Counsel
§ 33, § 36 Code of Criminal Procedure
You have the right to legal representation from the moment you are first questioned as a suspect — even before formal charges are filed. You may choose your own lawyer. If you cannot afford one, the court may appoint a defense lawyer (obhájce ex offo) free of charge or at reduced cost in certain cases.
Practical advice
Do not waive this right. Even if you believe you are innocent, having a lawyer present from the first interview significantly improves outcomes.
Right to Remain Silent
§ 33 Code of Criminal Procedure
You are not required to make any statement, answer any questions, or cooperate in any investigation. Silence cannot be used as evidence of guilt. This right applies at every stage — from the first police interview to the final court hearing.
Practical advice
Invoke this right clearly: "I wish to exercise my right to remain silent and will only speak in the presence of my lawyer."
Right to Be Informed of the Charges
§ 160 Code of Criminal Procedure
When you are formally charged (obvinění), you must be told immediately: the specific offense you are accused of, the facts constituting the offense, and the evidence supporting the charge. You must receive this information in a language you understand.
Practical advice
If the charge notice is not translated into your language, request a written translation immediately — don't sign anything you don't understand.
Right to an Interpreter
§ 28 CCP; EU Directive 2010/64/EU
If you do not speak Czech, you have the right to a free interpreter at every stage of the proceedings — police interviews, court hearings, and when reviewing the case file. This right also covers translation of key documents.
Practical advice
Always request a qualified court interpreter, not just a police-provided translator, for important statements.
Right to Review the Investigation File
§ 65 Code of Criminal Procedure
Once formally charged, you (through your lawyer) have the right to inspect the entire investigation file — all evidence, expert reports, and police records. This right is fundamental for preparing a proper defense.
Practical advice
Exercise this right fully. A thorough review of the file often reveals procedural errors or weaknesses in the prosecution's case.
Right to Submit Evidence
§ 89 Code of Criminal Procedure
You and your lawyer have the right to submit your own evidence, nominate witnesses, and request that investigative acts be conducted on your behalf. The investigator must respond to these motions and cannot simply ignore them.
Practical advice
Document all refused motions in writing — refusal of legitimate defense evidence can be raised on appeal.
Right Against Self-Incrimination
Art. 37(1) Czech Charter; Art. 6 ECHR
You cannot be compelled to provide evidence against yourself. This includes not being forced to submit samples, documents, or testimony that would directly incriminate you. The burden of proof lies entirely with the prosecution.
Practical advice
If asked to sign documents, submit samples, or undergo procedures you are unsure about — always consult your lawyer first.
Right to a Fair and Public Trial
Art. 38 Czech Charter; 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.
Need Help Exercising Your Rights?
If you feel your rights are being violated — or you're not sure what you're entitled to — contact us immediately.