| Abstract [eng] |
This master's thesis examines the limits of the powers of the cassation court while examining a cassation case. The development of the cassation institute in the Lithuanian legal system is reviewed, also how it has changed, and also it is revealed that the legal interpretation function entrusted to the court of cassation, even when the political forces ruling the state changed, was preserved and remained in the current Lithuanian legal system. The work analyzes the powers granted to the court of cassation - to change, annul the decisions of lower instances and terminate the case, and discusses the violations that have the greatest impact on the adoption of the aforementioned decisions. The analysis of the Supreme Court of Lithuania allows us to draw conclusions related to the most common violations of the criminal process, which determine the application of the powers of the court of cassation after reviewing the decisions of lower courts. From the cassation cases discussed, it is clear that the most frequent violations of the criminal process are related to the wrong sharing of punishments, the inappropriate application of a milder criminal law, the wrong qualification of the act and non-compliance with the principle of non bis in idem. The paper also discusses the cassation process and the powers of the court of cassation in the French and German legal systems. After discussing the cassation processes of these countries, it can be seen that the powers granted to the cassation courts are identical, and the main function of the cassation court in continental law countries, which ensures a fair, proportionate and objective judicial examination, is the proper interpretation of the law. The cassation cases discussed in the master's thesis reflect that the most important powers of the court of cassation are revealed when determining violations of the criminal process in the decisions of lower courts. |
