Abstract

The secrecy of confession is a specific institution functioning chiefly in the area of procedural law. Its criticality boils down to the age long dilemma between, on the one hand, the effective striving at gaining, learning and using all information significant for the goals of the proceedings, and on the other, protection of fundamental rights and freedoms of an individual in the state which may be infringed by the absolute desire to learn this information. That is why, in certain specific circumstances, the legislator has introduced evidentiary bans, including the ban on using confessed information as evidence, which frequently restrain the actions of the parties to the proceedings aimed at gathering information regardless of the costs involved.