Doc. JUDr. Tomáš Gřivna, Ph.D., advokát v Praze, Katedra trestního práva Karlovy univerzity v Praze, email:

The paper discusses the issue of the use of the audio- or video recording as evidence in criminal proceedings in case these recordings have not been made by prosecuting and adjudicating bodies. These recordings are mainly made without consent of the accused person. Therefore, there are quite frequent objections that they interfere in the right to the protection of a personality and privacy. Referring to the established practice of the law, the author examines the question of whether these recordings can be used or not, or whether it is necessary to respect certain unsurpassable limits which must be considered in each concrete case.