| Abstract [eng] |
The Master's thesis analyses the institute of the peculiarities of testimony and related issues in criminal proceedings. In order to achieve the objectives of the criminal procedure, one of the most important acts of pre-trial investigation and evidence gathering is the interview, during which a witness's testimony is obtained about some circumstances that are relevant for the fair resolution of the case, which may determine the further investigation of the criminal offence, the course of the case, and the final decision in the case. However, in order to ensure the protection of human and civil rights, freedoms, public and state interests, it is necessary to establish a different regulation of the questioning of the persons concerned, i.e. to provide for the peculiarities of testimony. The content of the institution of testimony and witnesses has been determined by different historical periods and the processes taking place in them, noting that it has been influenced mainly by the political regime, social attitudes, the economic system, culture, certain customs and traditions established in the State, religion, and the mentality of the nation. A comprehensive analysis of legal sources reveals the content of the concept of a witness and the procedural status of a witness. After the concept of a witness has been revealed, the work then compares the doctrine of criminal procedural law as perceived by different scholars: R. Jurka and G. Goda on the immunity of a witness and the immunity of testimony and the immunity of testimony and the peculiarities of testimony. At the same time, the content of the principle of the prohibition of compelling testimony against oneself, one's family members or close relatives is analysed and, finally, the relationship between testimonial features and testimonial immunities is revealed, emphasising that it is the individual's will and the expression of that will in relation to testifying that most significantly determines the relationship between the two, and that it is also stressed that, in the context of the examination of certain persons, the application of testimonial features can also guarantee the implementation of testimonial immunities and the protection that they provide for a particular witness. Finally, the work analyses separately the types of testimonial peculiarities of a person who may testify about his/her own possible criminal offence, family members or close relatives, the President of the Republic of Lithuania, minors and juveniles, and anonymous persons, as well as the related theoretical and practical issues. It is clear that due to the status of certain persons, the special situation of the State, the possibility of some criminal influence, the lack of maturity, in order to protect human rights, the constitutional principle prohibiting the compulsion to testify against oneself, one's own family members or one's own relatives, and in order to ensure the compatibility of the relationship between the human being and the State in the context of the justice system, it is essential to lay down special rules of examination in the criminal procedure in order to provide for additional protection of certain persons. |
