| Abstract [eng] |
„EXECUTION OF CRIMINAL ACT SIMULATING ACTIONS IN AVERMENT PROCESS“ Police and other law enforcement structures to struggle against organized crime have very powerful tool named as execution of criminal act simulating actions. This legal proceeding is definable as actions by the nature are very similar to crime actions that are authorized by court or general prosecutor or deputy general prosecutor and have the purpose to solve the crime. The purpose of this master’s degree study is to reveal a legal framework of executing of criminal act simulating actions and possibilities to use results gained during this action in averment process. The studies of European Human Rights Court’s, Lithuania Constitutional Court’s and Lithuania Supreme Court’s cases showed up the main problems of usage of criminal act simulating actions. The European Human Rights Court position is based on Texeira de Castro case and exposes the main principles of legality: Usage of criminal act simulating actions could be only against person who is suspected and there is a procedural proceeding against him; Usage of criminal act simulating actions has to be passive. Initiator to commit a crime has to be suspected person; Authorization to use criminal act simulating actions should be the Court privilege. Studies of foreign legal framework of usage of criminal act simulating actions disclosure that results discovered during above mentioned procedures could not be used as direct evidence in averment process. Only adapting these results to Criminal Procedure could do this. Therefore it is natural that duality when criminal act simulating actions are authorized by Criminal Procedure Code and Operational Activity Act are redundant. The main initiatives discovered in this study are: Criminal act simulating actions have to be authorized by Criminal Procedure Code. Operational Activity act is only supporting it; There is a need to change Criminal Procedure Code and add additional articles that clarify authorization and basis of usage of criminal act simulating actions. |
