Constitutional Court on a witness’s right to refuse to testify under Section 100(2) of the Criminal Procedure Code
On April 27, 2021, the Constitutional Court published its ruling III. ÚS 1679/20, according to which a witness’s right to refuse to testify under Section 100(2) of the Criminal Procedure Code must always be assessed based on the specific circumstances of the case, with an emphasis on an objective criterion derived from the reasons stated by the witness for refusing to testify. The refusal to testify must not be manifestly unfounded or entirely unrelated to the criminal matter in which the testimony is to be given. However, within the framework of the objective criterion, the witness’s subjective perception is also a legitimate consideration, as the witness is fundamentally entitled to determine the scope in which they choose to refuse to testify.
Zdroj https://advokatnidenik.cz/us-k-pravu-svedka-odeprit-vypoved-podle-paragrafu-100-trestniho-radu/