| Abstract [eng] |
The right of the suspect (the accused) to refuse to give evidence is the implementation form of the constitutional guarantee that prohibits giving evidence against oneself (Constitution of the Republic of Lithuania, article 31, part 3), it assures the compatibility between a person and state when solving justice questions. We can also consider the right of the suspect (the accused) to refuse to give evidence as a form of the right to give evidence. Historical beginning of this right reaches the Republic of Rome, i.e. the end of the 6th century B.C. Later many other countries absorbed this: first of all developing continental European law, later traditional law of Anglo-Saxons. Today in both the continental and Anglo-Saxon tradition states, the suspect (the accused) has a right to refuse to give evidence, however the conception of this right is different. When speaking about the suspect’s (the accused) unpunishable possibility to lie, the difference is highlighted among countries of common law and continental law traditions. In the countries of Continental law traditions, for the suspect there are no responsibility for misstate, he/she is not warned for giving such evidence. In the countries of common law traditions, a person who does not use his/her right for silence, is sworn and gives evidence as a witness who has to take responsibility for misstate. In the law of the Republic of Lithuania, the germ of the right of the suspect (the accused) to give evidence was found in Lithuanian Statutes – institute of noblemen swear. However, we cannot consider this right as a right to give evidence. Directly in the process of criminal law of the Republic of Lithuania the right of the suspect (the accused) to give evidence from which the right to refuse to give evidence arises, was confirmed in the criminal love process, later in 1961 in the criminal process code of Lithuanian Soviet Socialist Republic. As a defense mean, the suspect (the accused) had an unpunishable possibility to lie, there was no responsibility for misstate. Criminal process code of the Republic of Lithuania of 2003 does not confirm directly the right of the suspected (the accused) to refuse to give evidence, this right emerged from the right of the suspected to give evidence that was confirmed in criminal process code article 21, part 4 of the Republic of Lithuania and is detailed in other articles. Much attention has been paid to the right of the suspect (the accused) to give evidence and unpunishable possibility to lie in both national and international law and in jurisprudence. |
