Criminal law and defence during criminal proceedings
Despite the generally consolidated ideas about the fact that criminal law is applied in cases where an individual, who is suspected or accused and tried due to attacks against life and health or due to attacks against property, becomes the subject of interest of the bodies active in criminal proceedings, I wish to emphasise the fact that criminal law nowadays impacts on a far wider circle of relations. Criminal law is currently presented as a means of securing property rights, amongst other things. It is necessary to differentiate between the nature of criminal law and private law. The purpose of criminal law is not the protection of individual property or any other interests of individuals or legal entities. The purpose of criminal law is the appropriate discovery of criminal acts and the just punishment of the perpetrators according to the law. I am deeply convinced of the fact that criminal law should only be used in those cases where all other means of protecting the rights of physical and legal entities have been exhausted, are ineffective or are unsuitable. In the area of private law, the client or the counterparty is the “master of the dispute” depending on their procedural standing within the given dispute. Such a dispute may end with a final decision in the matter, reconciliation or an out-of-court settlement. In criminal proceedings on the other hand, it is the state which realises the interests of the state in ascertaining the criminal acts and punishing the perpetrators via its various bodies. The state should not, however, give priority to using criminal proceedings in order to secure the interest of individuals or legal entities. I am therefore further convinced of the fact that it is a matter for the state to decide against whom the bodies active in criminal proceedings are used and that it is not (with the exception of limited cases) a matter for individuals to actively participate in this activity of the state. For these reasons, I predominantly dedicate myself to defence work.
