Právo na verejné prejednanie veci v trestnom konaní v judikatúre Európskeho súdu pre lúdské práva

Presented article is devoted to the right to public trial as one of the components of the right to fair trial under the Article 6 of European Convection of Human Rights. The author analyses the approach of the European Court and European Commission of Human Rights considering their case-law, and drafts the fundamental attitudes related to the opportunity to exclude the publicity of the trial either on the ground of the exceptions mentioned in the Article 6/1 the second sentence of the Convention or on the basis of the doctrine of implicit limitation, to the possibility of the party to a case to waive its right to public trial and to the requirement of the publicity of the decision. It is focused to the relation between the publicity of the trial to other rights guaranteed by the Convention such as presumption of innocence, right to private life under the Article 8, and the right to freedom of expression under the Article 10.