| Abstract [eng] |
The master's thesis deals with the topic of costs and compensation in criminal proceedings. Considerable attention is paid to the development and historical analysis of criminal costs. This paper analyses the definitions of "process costs" in other European countries and the content of these costs. In the light of the above, a definition of the costs of criminal proceedings is provided. The first part of the paper presents the main features of criminal procedure costs and the functions performed by these costs. The first part concludes with an analysis of the types of criminal procedure costs, followed by a more detailed analysis of the reimbursement of these costs. The second part of the thesis discusses the main aspects of this research work. The jurisprudence of the Constitutional Court of the Republic of Lithuania takes the position that the prevention of crime must be financed by the state. In this context, the systems of reimbursement of the costs of criminal proceedings in different European countries are analysed, comparing and finding certain similarities and differences between them. This part also analyses the Lithuanian case law, discussing the peculiarities and shortcomings of the different types of reimbursement of criminal procedure costs. The third part of the paper focuses on the remuneration of lawyers' fees and recent developments in this area. According to the new regulation of the Code of Criminal Procedure of the Republic of Lithuania, the costs incurred by the acquitted person for the payment of the lawyer's assistance are reimbursed, and possible changes in the practice of the institute of reimbursement of costs of the criminal proceedings are analysed. The final part of the paper assesses the institution of state-guaranteed legal aid and the costs incurred by the state in providing this assistance. This part also examines the cases in which the costs of state-guaranteed legal aid cannot be recovered from the convicted person. At the end of the paper, after analysing the institution of costs of criminal proceedings, the author presents his conclusions. |
