| Abstract [eng] |
The master‘s thesis analysis the concept, peculiarities and problems of the subject matter and limits of evidence in criminal procedure, based on doctrine and case law. The best way to analyse this topic is to examine the concept of subject matter and limits of evidence in criminal procedure (historical aspects, concept and significance), selected two criminal cases of separate categories and the problematic of determine the limits of evidence. Historical aspects were analyzed using the most significant sources of criminal procedure development, determining, that criminal procedure code of the Soviet Socialist Republic of Lithuania was the only source of law in which was directly lawfully regulated the general subject matter of evidence. Examining the concept and significance were established, that the concept of subject matter of evidence follows from the article 20 paragraph 3 of criminal procedure code but criminal procedure code does not direct regulate the list of circumstances to be proved in criminal case, therefore the doctrine clearly provides for these circumstances. Furthermore, to the general subject matter of evidence, it might be necessary to determine the specific subject matter of evidence in the case, t. y. additional, specific circumstances to be proved, inherent only the specific criminal case. The question of the limits of evidence is problematic and solving in each case individually. Moreover, although the concepts of the subject matter and limits of evidence are different but they are closely related. Also, this paper analysis two selected separate categories of criminal cases in terms of general and specific subject matter of evidence. Criminal cases of murder were analyzed from the aspect of the general subject matter of evidence while the specific subject matter of evidence were analyed from the aspect of the criminal cases for the minors criminal liability pecularities application to young adults. Speaking about the problematic of determining the limits of evidence, the general rule is that not all the possible circumstances are proved, but only the circumstances who are significant for the case when there is no reasonable doubt about those circumstances because criminal procedure code does not regulate the moment of determination of the limits of evidence. |
