| Abstract [eng] |
Object of the study in Master’s work – defender in the process of giving evidence. Defender’s role in this work is analysed not narrowly – according to the stages of the process of giving evidence but more broadly – according to the stages of criminal proceedings singled out in the Code of Criminal Procedure: pre-trial investigation, proceedings at the court of the first instance; appeal and cassation proceedings. Aim of the work – to analyse defender’s role in all stages of criminal proceedings; comparing to defender’s participation in criminal proceedings of other epochs and states to see how defender’s legal status fulfilling the requirements of legal state is tried to be formulated in contemporary criminal proceedings of the Republic of Lithuania, to define his/her rights, duties and possibilities to be independent party of the proceedings in implementation of defender’s functions and seeking for the basic objectives of defence. In this work criminal cases investigated by the court of the first instance are analysed and the following problems are raised: the problem of the full-scope use of defender according to the rights granted to him/her; the problem of the use of illegal measures of defence; the problem of formal defence. The work consists of four parts corresponding to four stages of criminal proceedings. Defender’s role is analysed in the proceedings of pre-trial investigation, proceedings at the court of the first instance, appeal and cassation proceedings including specific forms of the proceedings: private prosecution, accelerated proceedings, completion of proceedings by penal order. In this work historical, comparative, systematic – logical, analytical, practical methods of the study are applied. Historical and comparative methods helped to review defender’s legal status, its’ rights and duties according to the old Code of Criminal Procedure and to compare it to defender’s legal status determined by the new Code of Criminal Procedure. Moreover, defender’s participation in the process of giving evidence is analysed by comparing the most important moments to defender’s status in legal system of one of the neighbouring states – Russia, continental Europe and USA. Practical method of the study is used in practical aspect of the work when analysing criminal cases investigated at the court of the first instance. Analytical, systematic - logical methods are applied in analysis and making conclusions. The main sources of the work – normative enactments, special literature, judgements of the Supreme Court of Lithuania, criminal cases investigated at the court of the first instance. |
