The accused is the person being subject to criminal proceedings. The accused person is one of the parties involved in criminal proceedings. The Code of Criminal Procedure designates this person by several terms (according to the state of criminal proceedings and the position of this person).

• Suspect – the person who has been apprehended in compliance with the Code of Criminal Procedure and so far criminal prosecution has not been initiated against them.
• Accused person – is the person, against whom criminal prosecution has been initiated.
• Defendant – the person, against whom a judgment of conviction was rendered, which has already come to full force and effect, or a final and effective criminal order.

The accused person is entitled in particular to

• be prosecuted in a lawful manner in compliance with the Code of Criminal Procedure,
• take advantage of all legal means and methods of defense,
• to choose a defense counsel.
• to apply remedial measures,
• to propose production of evidence.

Within the frame of applying the right to defense, the Criminal Code endowes the accused person with a number of rights.

The accused person has the right to comment on all facts which they are being accused of and the evidence thereof, but they are not obliged to testify. They must be advised of this right. The right to refuse to testify may be exercised by the accused person at any stage of criminal prosecution.

At the beginning of the first questioning at the latest, the police authority must give the accused person a copy of the resoution on the initiation of criminal prosecution. The accused person has the right to comment on all facts which they are being accused of. They will be given the opportunity to comment in detail on the charges, in particular to give a coherent account of the facts which are the subject of the charges, to state the circumstances which weaken or disprove the charges and to offer evidence in support thereof. The accused person may be allowed, before giving their answer, to consult their written notes, which they must present for inspection at the request of the person conducting the line of questioning. The accused person may exercise the right to state circumstances and evidence in their defence at any time during the proceedings and the prosecuting authorities will be obliged to dadvise the accused person of this right.

After the conclusion of the investigation they must be allowed to acquaint themselves with the results of the investigation. The accused person is entiteld to view files, to make excerpts and notes thereof and to make copies of files and their parts at their own expense; this right is limited in pre-trial proceedings.

The accused person is entitled to participate in hearing of their case in trial and in public session held on an appeal. Therein they are entitled to comment on each produced piece of evidence and to make a final statement including the final word.

If an accused person feels that their rights have been violated, they may request a review of the proceedings of the authority involved in criminal proceedings or appeal against the decision of the authority involved in criminal proceedings in cases provided for by law:

• complaint – remedial measure against a resolution,
• appeal – remedial measure against a judgment of the court of first instance,
• protest – remedial measure against a criminal order,
• extraoprdinary appeal – extraordinary remedial measure,
• petition for a new trial – extraordinary remedial measure ,
• petition to file a complaint for the violation of law – this extraordinary remedial measure is filed by the Minister of Justice.

The accused person has the right to testify in their native language or in a language they know. If the accused person does not speak Czech, an interpreter will be appointed for them. Failure to appoint an interpreter constitutes violation of their right to defense.

Obligations of the accused person include in particular

• to apper for questioning,
• to endure a personal search,
• to endure a house search, search of other premises and parcels,
• to undergo a mental health assessment,
• to endure a body examination, taking blood sample or sample of other biological material.

The right to defense of the person being subject to criminal proceedings is understood as a requirement that a full protection of lawful interests and rights of this person is ensured. The right to defense is intended to ensure that an innocent person is acquitted and the perpetrator is convicted solely for the criminal offense, which they have committed, and that such offense is met with a just sentence.

The right to defense includes:

• the right to self-represent,
• the right of the accused person to request all authorities involved in criminal proceedings to ascertain all facts objectively,
• the right to choose a defense counsel and to consult them.

The righ to self-representation means the right of the accused person to defend themselves in criminal proceedings. The accused person is entitled to comment on all matters they are being charged with, the accused person may propose taking of evidence serving to their benefit. The accused person is also entitled to refuse to testify. The accused person is entitled to make petitions and submit requests, in particular to propose taking of evidence and to file for remedial measures.

The right of the accused person to request all authorities involved in criminal proceedings to ascertain all facts objectively means an obligation of the authorities involved in criminal proceedings to also ascertain facts in the favor of the accused person and not only facts against them.

The right to select a defense counsel and to consult them means the accused person may consult the defense counsel at any stage of criminal proceedings. If the accused person is remanded in custody or serving a sentence of imprisonment, they may speak with the defense counsel without a third party present. Noone may be present during such conversation. Furthermore, it includes the right of the accused person to have a defense counsel appointed and the right for participation of the defense counsel during procedural actions.

The accused person may choose a defense counsel. The chosen defense coounsel is authorized by the accused person to handle the defense (they grant them a power of attorney to represent them). The defense counsel may be chosen for the accused person also by their statutory representative, their direct relative, sibling, adoptive parent, adoptive child, spouse, partner and a party concerned. If the legal capacity of the accused person is limited, these persons may do so even against the accused person’s will.

The accused person may choose several defense counsel, however, they are obliged to state, which of these defense counsel has been authorized to receive documents and notices of actions of criminal proceedings. Failing that, such defense counsel will be designated by the presiding judge and in pre-trial proceedings the public prosecutor.

Only an attorney at law may act as a defense counsel in criminal proceedings. The defense counsel my be represented by an articled clerk , with the exception of proceedings before the Regional Court as the court of the first instance, before the High Court and before the Supreme Court.

The Code of Criminal Procedure stipulates additional cases, where the accused person must have a defense counsel, even if they did not choose one themselves or even when they do not wish to have a defense counsel at all (so called mandatory defense).

The priority is always given to a defense counsel selected by the accused person before a defense counsel selected by another person or an appointed defense cousel.

The Code of Criminal Procedure also provides for a free of charge defense to the accuse person or defense for a reduced fee. In such case the costs of the defense or a portion thereof is borne by the state.

Authorities involved in criminal proceedings (police authoritiy, public prosecutor, court) are obliged to advise the defense counsel about their rights in each stage of criminal proceedings, allowing the accused person to fully exercise the defense rights, and to provide them with every opportunity to assert such rights.

Proceedings in juvenile criminal cases are regulated by the Act no. 218/2003 Coll., on the Liability of Juveniles for Unlawful Acts and on the Juvenile Justice System and on amendments of certain laws (the Juvenile Justice Act). The Act is designed to define the differences between the special legal regulation on liability for committed offences and on juvenile justice, as compated to the general regulation contained in criminal laws and related legislation.

A juvenile offender is a person, who at the time of committing the transgression attained the 15th year of age and has not exceeded the 18th year of age.

A criminal offense committed by a juvenile offender is called a transgression.

Proceedings in criminal cases of juvenile offenders is characterized in particular by the following deviations:

• Juvenile court – exercises justice in cases of juveniles and in cases concerning acts that would otherwise be criminal offenses, committed by children under the age of 15.
• Specific approach when hearing criminal cases of juvenile offenders – in juvenile cases it is necessary to proceed with regard to the age, medical condition, intellectual and moral maturity of the person being subject to the proceedings, so that their further development is endangered as little as possible, and that the tried actions and causes thereof, as well as cirmustances that made them possible were duly clarified and that liability for their commission was incurred in accordance with the law. When dealing with juveniles, the court must take into account their age and intellectual and moral maturity and proceed in such a wy that their psyhe is not disturbed and that their further mental and social development is not jeopardised in view of their age.
• Specialization of authorities involved in criminal proceedings and other persons – judges, public prosecutors, police officers and officers of the Probation and Mediation Service involved in criminal cases of juveniles must have sufficient life experience and undergo a special training for dealing with juveniles.
• Cooperation with the authority for social and legal protection of children, civic associations, persons implementing probation programs and with the Probation and Mediation Service.
• Territorial jurisdiction – the proceedings are conducted by a juvenile court, in the district of which the juvenile resides, and if they do not have a permanent residence, where they stay or work. If no such location can be established or if it is outside the territory of the Czech Republic, the proceedings will be held before the juvenile court, in the district of which the transgression was committed; if such location cannot be identified, the proceedings will be conducted by the juvenile court, in the district of which the act came to light.
• Joint proceedings – are held on all transgressions of a juvenile offender and against all juvenile offenders, whose transgressions are mutually related. Joint proceedings against a juvenile and an adult offender may only be conducted in exceptional cases, if it is necessary for comprehensive and objective clarification of the case and not to the detriment of the juvenile. Such joint proceedings are held by the juvenile court, and as far as the juvenile offender is concerned, provisions of the Juvenile Justice Act will apply in such joint proceedings.
• Right of the juvenile to defense – the juvenile is entitled to be treated accordingly to their age, mental maturity and medical condition. The juvenile must be represented by a defense counsel as soon as the measures stipulated in the Juvenile Justice Act or the Criminal Code are applied to them, including urgent and unrepeatable actions, unless the action cannot be delayed and notification of the defense counsel cannot be secured (mandatory defense). The juvenile must be represented by a defense counsel even in case they expressly refuse it. The authorities involved i criminal proceedings are obliged under the Juvenile Justice Act to always advise the juvenile on their rights and provide them with every opportunity to assert such rights. .
• Protection of privacy of juveniles and public nature of proceedings – the special interest in protecting the privacy and personality of juveniles justifies prioritising the confidentiality of information concerning transgression over the constitutionally protected principle of publicity of criminal proceedings, with a view to eliminating as much as possible the harmful effects of the proceedings on the juvenile and on the basis of the constitutional principle of the presumption of innocence. Until the criminal prosecution has been finally and effectively concluded, the authorities involved in criminal proceedings may, under this Act, publish only such information about the proceedings against the juvenile, which will not jeopardise the achievement of the purpose of the criminal proceedings and which does not contravene the requirement to protect the personality of the juvenile and the personal data of other persons involved in the proceedings. It is therefore generally prohibited, unless otherwise provided by law, to publish by any means (in the public media or otherwise), prior to the final decision in the case, any information in which the name of the juvenile is mentioned or information which contains information that would enable identification of the juvenile. Publication is to be understood as an act which is capable of making the content of the information accessible to a large number of persons. The publication of information on the course of the trial and the public session that would lead to the identification of the juvenile in the public media or otherwise is prohibited. Similarly, the publication of any text or image relating to the identity of the juvenile is prohibited. The judgment is announced publicly within the trial in the presence of the juvenile. A final and effective judgment of conviction may be published in the public medie only without stating the name or names and surname of the juvenile, while reasonably protecting the juvenile from adverse effects of its publication. The presiding judge may decide, while taking into account the nature of the transgression and reasonable protection of the interests of the juvenile, on another manner of publication of the judgment of conviction. As such the presiding judge may both restrict the conditions for publication of the judgment in the public media (i.e. narrow the scope of published information), or mitigate these conditions (e.g. allow publication of the judgment in the public media with the name and surname or other personal data of the juvenile).
• Custody of the juvenile – custody of a juvenile is an extraordinary custodial measure. The regulation provided in the Juvenile Justice Act is based on the premise that custody of the juvenile may be substituted by a guarantee, supervision, pledge or by placement to the care of a trustworthy person. Custody of a juvenile may also be substituted by a financial guarantee. The maximum duration of the custody in pre-trial proceedings on the least serous transgressions is four months. In trial proceediongs on such tresgressions the duration of the custody may be extended by no more than two additional months, so the overall longest permissible duration of custody is six months. The maximum duration of custody in pre-trial proceedings in case of especially serious transgressions is one year. In trial proceedings on such transgressions the custody may be extended by no more than six additional months, so that the overall longest permissible ruration of custody in case of the especially serious transgressions is eighteen months.
• Statutory representative the juveniles – is entitled to act on behalf of the juvenile, if particular to select a defense counsel for them, to make petitions and file for remedial measures on behalf of the juvenile; they are also entitled to participate in such actions, which according to the law the juvenile is entitled to participate in. The statutory representative may exercise these rights for the benefit of the juvenile also against the will of the juvenile. In cases where the statutory representative cannot exersice their rights and there is a danger of delay, the presiding judge and in pre-trial proceedings the public prosecutor will appoint a guardina to the juvenile to exercise such rights.
• The juvenile must have a defense counsel from the moment the measures according to the Juveniles Justice Act or actions according to the Code of Criminal Procedure are applied against them, including urgent and unrepeatable actions, unless the action cannot be delayed and notification of the defense counsel cannot be secured.