1,720,970 research outputs found
Problems of using as evidence of an audio record made before the pre-trial investigation.
No full textProblems of Using as Evidence of an Audio Record Made Before the Pre-Trial Investigation Summary Audio recording, considering it as information recorded by electromagnetic signals, in criminal procedure may be submitted as one of the significant material for investigation of criminal cases. This interesting and problematic question has not been much investigated in Lithuanian legal literature. The actuality is naturally caused by the lack of the doctrine and arising difficulties in practice, therefore, author represents conceptual overview of the audio recording made before the pre-trial investigation. The author aspires to elucidate legal opportunities to make the audio recordings before the pre-trial investigation in order that such information would not violate the legally protected individual’s right to get privacy in communications and admissibility criterion in court. Audio recordings, which are under consideration, may be submitted by private individuals or enforcement authorities. Evidentiary information contained in sound recordings, to be recognized as potential evidence, should be recorded in the manner stipulated in the law or, in case private individuals are making records, in the way which is not prohibited by law. Such information must be possible to check in the process and it has to touch (directly or indirectly) at least one circumstance which is important for the criminal case solution. It is important to emphasize that a person can expect privacy in communications only if his or her activities are not against the law. The paper provides quite a few European Court of Human Rights judgments, the judicial practice in Lithuania, some foreign judgments analysis and the author's point of view in controversial issues
Investigation of evidence in an appeal instance court.
No full textThe subject matter of the article is to reveal the investigation of evidence in courts of appeal in Lithuanian criminal procedure system. In the first half of this work it‘s tryed to reveal the conception of appeal, the conception of evidence and evidence research both in Lithuanian and foreign criminal procedure systems. The main goal of first two topics is to show how the conception of appeal, and conception of evidence varied over a past few decades. To reveal the diferences between these conceptions it is tryead to analize the Codes of Lithuanian criminal procedure. Second part of this work is basicaly dedicated to analize the main practiacl problems of evidence investigation that Lithuanian appeal courts faces during it‘s practical work. The main problems that are faced are about the pure investigation of evidence; problems conected with European arrest warrant; problems about false decisions that are made in lower courts of Lithuanian criminal procedure system. After presenting main problems it‘s tryed to give some suggestions of improoving some criminal procedure rules and conceptions according to the rules and conceptions that exists in other countries of the world
The psychological and procedural basics of a minor suspect interrogation.
No full textThe main task of this master work was to explore the psychological aspects and juridical basics of a minor suspect interrogation. Interrogation of the minor suspect in the pretrial period is one of the main methods ,from which the further success of the inquest will depend on,and it takes a lot of time to prepare for this process.It is too difficult to be ready for the interrogation without special knowledge of psychology and without special readiness,because there will appear psycological barrier between minor suspect and the investigator. Now difficulties will appear in finding psychological contact ,and so the doubts in evidence value can appear. Therefore the criminalistic value of the evidences of minor suspectare very valuable,because these evidences are significant means to detect crimes they are suspected in. This theme is quite actuall, but it is too little examined an there are not enough methodic recommendations for the pretrial investigators,who work with the minor suspects. There are too little methodic recommendations concerning minor suspect interrogation procedure. Also,there is no special clause in Penal Procedural Code,that regulated the inquiring procedure of the minor suspect. The main focus of the crime ,made by the minors is not the criminal as such,but more focus on the minor suspect as a person of law(what led him to the crime,how he appreciates his behaviour).That is why the interrogation of the minors is quite difficult ,it has many specific aspects determined by age paculiarity,by mind distintion of kids and teenagers, that manifests in various manner due to their nervous system development,living ,tutorial and communication surraundings. That is why ,the interrogation of the minors ,must have additional procedural guaratees ,that will safeguard the unprejudical process. There is used abig complex of tactical methods,based on psychological links between the investigator and minor suspect.Such tactical way ,as formating psychological contact,analysis of the evidences is used in everyday situation. But there is too difficult to hope to get right evidences without good contact and link between minor and the investigator. Witnout such contact and analysis of all testimonys it is impossible to establish evidence trueness and valuableness,to determine the position of a person in the pretrial investigation
Peculiarities of burden of proof in cases of offenses committed by legal persons.
No full textPeculiarities of Burden of Proof in Cases of Offenses Committed by Legal Persons
Initiating pre-trial investigation.
No full textCommencement of the pre-trial investigation The main purpose of this paper is analyzing and assessment of the grounds and conditions for commencement of the pre-trial investigation as well as theoretical and practical problems related to the above. The provisions of the Criminal Procedure Code are compared to the analogical provisions of foreign states. According to the provisions of the Criminal Procedure Code which are currently in force, the pre-trial investigation is commenced if the grounds for institution of criminal proceedings exist, i.e. if the information about an allegedly committed criminal offence is reliable and if there are no conditions which render the institution of criminal proceedings impossible. A complaint, or a statement, or a report on a criminal offence are considered to be the grounds for institution of the pre-trial investigation; if indications of a criminal offence are established by a prosecutor or a pre-trial investigation officer, this fact is also considered to be the grounds for institution of a pre-trial investigation. Furthermore, there are certain criminal offences, specified in the Criminal Code, which may be investigated only in case a victim’s or his representative’s complaint exists; only in exceptional cases the pre-trial investigation into such offences shall be commenced on a prosecutor’s request. The paper also analyzes an amendment of the Criminal Procedure Code, which specifies the actions that must be taken in order provide details more precisely, as well as practical problems arising during execution of such actions. Furthermore, the paper analyzes the possibilities of filing an appeal in case a request to commence a pre-trial investigation is dismissed. The details of formalizing a decision to commence a pre-trial investigation are also explained in this paper. The method of studying scientific literature as well as methods of comparative analysis, systematic analysis, theological and logical analysis have been used in this paper. The paper provides some offers and conclusions
Lithuanian constitutional court jurisprudence as a legal source of criminal procedure.
No full textContemporary Constitution has been changing from its textual version into the version produced by the Constitutional Court. All national legal system has been dividing into two separate levels where the ordinary law must be deduced from the constitutional law. The Constitution as the text and the Constitution as interpreted by the Constitutional Court are the forms of law of the constitutional law. However, contemporary doctrine of the criminal procedure law suggests that state agents should act only according to the textual version of the Constitution in criminal procedure because the only form of the criminal procedure law is the statutory law. This paper argues that legal decisions made by the Constitutional Court, in which the Constitutional Court interprets the Constitution and the criminal procedure legal norms and principles, should be accepted as binding forms of law of the criminal procedure law
Cassation grounds.
No full textMasters diploma work „Cassation grounds“ reveals conception of cassation grounds: on the ground of concepts listed in the Code of Criminal Procedure of the Republic of Lithuania, detailed analysis of cassation grounds is presented; cassation regulations in Lithuanian legal acts is compared with criminal procedure laws in other countries; theoretical concept for cassation grounds is offered; the influence of changes to the Code of Criminal Procedure is reviewed; relevant case law of the Supreme Court of Lithuania is presented and considered. The work is divided into three main parts: first part is about the concept of cassation grounds, individual cassation grounds are discussed in second and third parts
The formation of uniform court practice: development, state, lookout.
No full textThe formation of uniform court practice in the field of criminal law and law of criminal procedure is one of the main tasks of the Supreme Court of the Republic of Lithuania. In accordance with Lithuanian laws which are in force at the moment, the Supreme Court can use three separate measures of the formation of uniform court practice: these are the Court’s decisions in individual criminal cases; recommendatory interpretations of law which are based on the review of lower courts’ decisions and are passed by the Senate of the Supreme Court; advisory opinions delivered by the justices of the Supreme Court. Although at the moment all the measures mentioned above are legal to use as they are provided by the Lithuanian Law on Judiciary, at the moment only the Supreme Court’s decisions in individual criminal cases are actually applied. The other two are not in use because of the criticism expressed by the Constitutional Court in its decision of March 28, 2006. The Constitutional Court said that the only way of the formation of uniform court practice which is compatible with the Constitution of the Republic of Lithuania are the interpretations of law witch are expressed when hearing and deciding individual cases. Other measures such as recommendatory interpretations based on the review of court practice or advisory opinions are inconsistent with the Supreme Court’s mission to administer justice. In addition to that, they are considered as a threat of the violation of lower courts’ and judges’ independence. Although this criticism is rather strongly based, I still support the opinion that first of all one should take into consideration the fact that Lithuanian legal system is far from perfect and unstable court practice is one of the main problems. Therefore I think that recommendatory interpretations of law passed by the Senate of the Supreme Court should be used as a measure of the formation of uniform court practice as they are rather effective and not a major threat to the independence of lower judges. From my point of view, some amendments of the Law on Judiciary are needed in order to resolve the question of the advisory opinions as they form a far bigger threat to the lower courts’ independence. They should be either abolished or turned into an extraordinary measure of the formation of uniform court practice
Temporary suspension from office or temporary suspension of the right to engage in certain activities.
No full textTemporary Suspension from Office or Temporary Suspension of the Right to Engage in Certain Activities
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