| Abstract [eng] |
This Master's thesis analyses the implementation of the privilege of self-incrimination in the Lithuanian criminal procedure law. The history and development of the prohibition to compel self-incrimination in the common law tradition and the civil law tradition, as well as in the Lithuanian state law, is revealed by examining various literary sources, significant legal acts, articles of legal scholars, and explanations given in the court practice. The constitutional concept of the privilege of self-incrimination and the legal regulation of the individual subjects of criminal proceedings - the suspect, the accused and the witness - are discussed. The institute of the special witness as well as the possibility for a legal person to exercise the privilege of self-incrimination are also analysed. The topic is revealed by analysing the jurisprudence of the Constitution and the Constitutional Court and by defining today's concept of the privilege of self-incrimination. This Master's thesis also analyses the content and implementation of the privilege of self-incrimination at the legislative level, outlining how this privilege is exercised by suspects, defendants and witnesses, and what needs to be done to make this right real and effective. Considerable attention is also paid to the special witness, a unique participant in criminal proceedings. The institution of the special witness is analysed in the context of the privilege of self-incrimination, its rights and obligations are discussed, and certain peculiarities as well as shortcomings are highlighted. Finally, the right of a legal person participating in criminal proceedings as a suspect (defendant) or a witness and its representative to refuse to give evidence that may give rise to subsequent criminal liability of the legal person is discussed. |
