Časopis Právnické fakulty Univerzity Karlovy
Anna Míková, Klára Stupková, Jana Špačková
Pracoviště autora:
Právnická fakulta Univerzity Karlovy v Praze
Meze poskytování právních služeb advokátem klientovi ve výkonu vazby
Jurisprudence 4/2024 Rubrika: Články Str.: 22-32
Klíčová slova: advokát, vazba, etický kodex, návštěva ve vazbě, obviněný, kárné řízení
Abstrakt: Communication between an attorney and their client who is in custody is under protection, however, due to the absence of control, the attorney finds themselves in a situation where they need to determine for themselves what is and is not permissible within this communication, or whether they are willing to cross the line of permissible for their client. In this field, legal regulations, professional ethics, and the individual perception of each single attorney are intertwined. This article addresses the question: “What is an attorney willing to do for their client who is in custody?“ The main focus lies, in particular, on the attorney‘s willingness to mediate the communication of their client in custody with the outside world. In the introductory part of the article, legal regulations and disciplinary practice are analysed, which establish firm limits within which attorneys should operate. The key to answering the question is the following survey among attorneys. The survey intends to capture their personal approach to this issue. Finally, the results of the investigation are evaluated and confronted with the conclusions of the initial theoretical analysis
