| Abstract [eng] |
The imposition and application of procedural coercive measures is an institution of criminal procedure that has an element of coercion, including the restriction of human rights. In each case, it is important to assess the proportionality of the procedural coercive measure imposed and applied in relation to the objectives pursued, so as not to infringe human rights. In this Master's thesis, the analysis of the principle of proportionality in the context of the imposition and application of procedural coercive measures is revealed by examining the principle of proportionality in procedural coercion in the context of the legal, doctrinal and case-law aspects. The Master's thesis reveals the concept of the principle of proportionality in procedural coercion by analyzing the conclusions drawn by legal scholars on the compatibility of the principle of proportionality between the imposition and application of procedural coercive measures and the guarantee of human rights during procedural coercion. The Master's thesis also compares the definitions of the principle of proportionality in Lithuanian and foreign legislation. The principle of proportionality in the imposition of pre-trial detention and other procedural coercive measures is revealed by analyzing relevant legislation and examples of relevant case-law. A relevant analysis of the statistics on the imposition of pre-trial detention measures allows an assessment of the proportionality of the imposition and application of pre-trial detention measures and of the trends in the imposition of these procedural coercive measures. The analysis of the principle of proportionality in the imposition and application of procedural coercive measures, inter alia, demonstrates the effectiveness of judicial review in assessing the proportionality of the restriction of human rights, but at the same time it also allows for the identification of the disproportionate and excessively restrictive cases of imposition and application of procedural coercive measures. |
