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Czech Constitutional Court limits duration of bail and travel bans
The Constitutional Court of the Czech Republic has issued a ruling regarding the time limits for measures replacing pretrial detention, specifically focusing on monetary guarantees and travel bans. The court addressed a constitutional complaint concerning the interpretation of Section 73aa of the Criminal Procedure Code, which stipulates that measures replacing detention must only last for the duration strictly necessary to justify their use.
The case involves an individual facing charges related to terrorism financing, support for terrorist groups, and child pornography. After being held in custody in 2021, the individual was released under a 600,000 CZK monetary guarantee, probation officer supervision, and a travel ban. While a municipal court later canceled these restrictions, the High Court in Prague reinstated the guarantee and the travel ban.
The Constitutional Court ruled that the duration of a monetary guarantee cannot be disproportionately extended. It found that the High Court's decision violated the complainant's fundamental rights to property and freedom of movement. Consequently, the High Court in Prague must re-evaluate the validity of the 600,000 CZK guarantee and the associated travel ban.
Entities
Constitutional Court of the Czech Republic · High Court in Prague · Kratochvíl · Municipal Court in Prague