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Czech Republic / The Supreme Court of the Czech Republic / 4 Tdo 426/2012

V.L.S. v The State

Policy area:
Customs
Deciding Body type:
National Court/Tribunal
Deciding Body:
Czech Republic / The Supreme Court of the Czech Republic
Type:
Decision
Decision date:
16/05/2012

Key facts of the case:

V.L.S. was accused of the crimes of illegal production and possession of narcotic drugs and psychotropic substances (§ 187 para. 1 Penal Code) and of Racketeering (§ 235 para. 1 Penal Code). He was sentenced by the Regional Court in Ústí nad Labem to serve an unconditional sentence of 4 years. V.L.S. appealed against the ruling based on the fact that the key evidence presented against him had been the testimony of an anonymous witness whose credibility could not be examined. Other relevant evidence was missing or vague. V.L.S. claimed that the Czech Constitution was breached since his defence rights had been unacceptably restricted. V.L.S.´s appeal was supported by the State Prosecutor who acknowledged a breach of his right to a fair trial, a breach of the Czech Constitution and of the European Convention on Human Rights. The decision was dismissed and returned to the District Court for a decision on the proceedings.