| Abstract [eng] |
This master's thesis analyses the effectiveness of remand measures, attempts to evaluate the problematic aspects of their application, to identify possible opportunities for their improvement. The aim of the master's thesis is to study the system of remand measures applied in the criminal proceedings of the Republic of Lithuania, to name and summarize the advantages and disadvantages of remand measures, to determine their effectiveness and possible improvement opportunities. To this end, the paper analyzed the types of remand measures and the procedure for their appointment, thus trying to find solutions to problematic situations related to the use of remand measures. When collecting information from individual legal acts and case law on the imposition of remand measures, the justification of the imposition, problematic aspects were revealed. Analyzing the opinions of different authors on the application of remand measures, the main reasons that determine the purposefulness and effectiveness of remand measures in criminal proceedings were identified. An analysis of the case-law has identified circumstances in which the objectives of criminal proceedings have not been achieved if a person has been granted less lenient detention measures. It has also been found that the mechanism for monitoring the execution of remand measures is imperfect, with the result that some remand measures become only formal in nature. Comprehensive co-ordination and proper control of several remand measures will achieve the objectives of pre-trial detention of the suspect (accused). It has been established that in case of improper resolution of the issue of application of a remand measure or violation of the provided procedure for granting a remand measure, the restriction of constitutional rights may turn into a violation of human rights. |
