JUDr. Miroslav Petrák, email: MPetrak@osz.plh.justice.cz

The article deals with the interpretation of § 42 zsm in the light of the Celsus principle of “Scire leges non-hoc est verba eorum tenere, sed vim ac potestatem”, which means that the juvenile should be given the opportunity to choose (the provision) of the attorney once the suspicion of committing certain offenses to specific juveniles. The author is convinced that the (restrained) procedure of the preparatory bodies cannot be influenced by the imperfect terminology in the Criminal Procedure Code in conjunction with the Supreme Court’s decision-making practice.