| Abstract [eng] |
SUMMARY The ambits of the remanding the case of the appeal instance are confirmed in Criminal Process Code of Lithuania, Art. 320. It is regulated that the case remanded of the appeal instance is heard in the ambits of the appeal claim. The ambits are determined by the motives of the appeal, the appellant’s requests, their nature, precision and concreteness. The ambits of the remanding the case of the appeal instance are analysed in this master’s paper. The determination of the ambits is not only very important to the hearing of the case, but also to the whole criminal process. The aim of the criminal process is to reveal the criminal acts and to use the law properly in order to punish the criminal and not the non-guilty person. All this must be done by protecting the civic duties and freedom of the people. It is very important to determine the ambits of the case when analysing it in the court of the first, appellate or cassation instance. The ambits of the case remanded of the appeal instance are determined by the appeal. The court checks the case as far as the appeals and people, who submitted them, are concerned. Precisely formulated complaints determine more coherent ambits of the appeal. The today’s appeal process which is regulated by the criminal law is not perfect. Consequently, in this master paper the attention is drawn to some indeterminations of Criminal Process Code and a few problems of the appeal process application. Whereas, many discussion arise because of changing the accusation in the appeal instance. |
