Title Savęs nekaltinimo privilegijos įgyvendinimas Lietuvos baudžiamojo proceso teisėje /
Translation of Title Implementation of the privilege of not incriminating oneself in lithuanian criminal procedure.
Authors Marcinkevičiūtė, Austėja
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Pages 49
Abstract [eng] The origin of the privilege of self-incrimination and the principle of nemo tenetur accusare se ipsum (no-one is obliged to incriminate himself) was laid down by the Star Chamber Court in 1641. Historical sources of Lithuanian law, as in other countries of the time, formalised the compulsion for a person to confess his or her guilt when suspicions arose. The first hints of the privilege of self-incrimination in Lithuanian law can be found in the 1864 Statute of Courts. The constitutional prohibition against compelling a person to give evidence against himself is considered to be the basis of a fair trial. In Lithuanian criminal procedural law, this right is available to persons whose testimony may be based on evidence of their probable involvement in a criminal offence. This privilege, which consists of the right to remain completely silent or to answer only certain questions asked by officials, may be exercised during any interrogation organised. A person who disposes of this privilege also has the possibility to lie with impunity. The right not to incriminate oneself must be clearly explained before any such questioning. It is recognised that, in practice, it is unlawful to compel a person to give evidence against himself or herself when: the de facto suspect is questioned in the procedural capacity of a witness; the person is subjected to a number of tricks or is forced to admit his or her guilt by other indirect means. Theoretical irregularities or unjustified presumptions of such irregularities are reflected in the legal requirement to ask the person whether he or she admits guilt without first explaining his or her right to remain silent; in the provision allowing for the possibility of bringing in a special witness. And the provisions of the Recommendations, which: prescribe that the questioning of a person by means of the special witness testimony is to be carried out only in extremely rare cases; do not give the de facto suspect the possibility of deciding whether to become a special witness; and restrict the person's right of defence, create unjustified conditions for officials to abuse the privilege of self-incrimination.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language Lithuanian
Publication date 2024