| Abstract [eng] |
Concept, Types and Procedural Order of Search The master's thesis analyzes the search as a separate procedural action, examining both significant legal acts, scholars' insights into doctrine and interpretations provided in case law. The proper, timely, but not arbitrary, application of this procedural coercive measure is a particularly important value in each state, as it is often during the search that data and objects relevant to the investigation are obtained. Nevertheless, the search cannot infringe on individual rights guaranteed at both national and international level, although rights such as the individual's right to inviolability and dignity, to the inviolability of the dwelling are restricted during the search. The thesis analyzes the concept of search in Lithuania, evaluating how search is described by various authors, as a result, an accurate description of search is formed. The main aspects that distinguish a search from other procedural actions - examination and inspection of objects - are distinguished. Attention is also drawn to the way in which the search is described by the criminal procedure laws of other states. The relationship between search and seizure is discussed, assessing the validity of the current legal regulation in this regard. The main types of search are distinguished according to location and objects - search of places, premises, person, as well as the possibility of conducting a search with persons holding certain specific positions and having immunity - diplomats, lawyers, journalists, judges - is discussed. The influence of scientific and technological progress on the conduct of the search is assessed, and proposals are submitted to the legislator on this issue. The factual and procedural bases of the search are analyzed, the problematic aspects related to the immediate searches are singled out. The level of human rights protection during the search is assessed, and suggestions are made in this regard. An analysis of the case law describes which breaches of the search procedure do not affect the use of data obtained during such a search in the further course of the proceedings. |
