| Abstract [eng] |
Effectiveness and Improvement Possibilities of Remand Measure System The master 's thesis analyzes the system of remand measures, general and separate rules for the application of these measures, types, analyzing the normative and special legal literature. As arrest is the most restrictive remand measure to human rights and freedoms, and has been one of the most frequently used remand measures, the main focus is on this remand measure. Compared to 1961, the system of remand measures expanded, some norms were abandoned, others remained, and some were newly created. The terms and conditions of remand measures have also changed. The analysis concludes that the current system of remand measures is, as it was thought, very close to the legal regulation established by the CCP of the Russian Federation, which is not surprising given the historical events of the past. Meanwhile, the criminal proceedings of such Western "giants" as Germany do not talk about remand measures at all, the only similarity to the CCP of the Republic of Lithuania is the possibility to apply arrest (pre-trial detention). Such research results are both gratifying and sad because, on the one hand, we are still trapped in the grips of the Soviet mentality, that is why Western model might not be effective in our society. On the other hand, we have an extensive list of pre-trial detention measures that can be customized to each individual case, so there is less risk that individual rights and freedoms will be restricted unjustifiably and disproportionately. It is also worrying that the CCP or other laws do not provide for specific time limits for the application of remand measures, the current time limits are easily bypassed as soon as the case is brought to a court, which goes beyond the logic and the essence of remand measures. |
