This thesis focuses on the test of psychophysical abilities in criminal and misdemeanour proceedings, especially those committed in violation of traffic rules and the issue of providing appropriate procedural guarantees, mainly the privilege against self-incrimination. The core of the thesis is aimed at the following issues: what are the powers of misdemeanour authorities to interfere with human rights in mentioned proceedings; what is our current regulation of ensuring road safety; what are the sanctions in case of improper treatment and, on the other hand, what sanctions are imposed on the offender in case of refusal to submit to the test. In this case sanctioning can be controversial from a human rights perspective, as the sanction forces the offenders to take the test and plead guilty, which could be a violation of the privilege against self-incrimination.
The second part of my thesis is devoted to the Spanish penal system that inspired me to explore this problem. I was analysing their legal framework and how the Spanish courts deal with the above-mentioned issues. In the final comparison, I tried to identify as many differences and similarities between the Slovenian and Spanish system as possible and point out the important advantages and disadvantages of both. In conclusion I seek to propose appropriate solutions to solve the described problems in the future.
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