JUDr. Ivo Kouřil, Judge of the Supreme Court of the Czech Republic, email: Ivo.kouril@nsoud.cz

The contextual meaning of the term „surprising decision“ was defined by resolutions of the Constitutional Court. It primarily denotes a decision that could not have been predicted based on the ascertained facts of the case. It is a decision, the factual and legal conclusions of which differ to such a degree that the party to the proceedings was unable to presume (unable to anticipate) such decision with a view to the progress of the hearing of the case and, in consequence thereof, was unable to exercise necessary defence. Such decision violates the right of the accused to due process. Thus, it may lay fulfil the appellate ground set forth in Section 265b(1)(g) of the Code of Criminal Procedure.