| Abstract [eng] |
SUMMARY The Master’s Thesis analyzes the problems of the status of person who testifies about the criminal act possibly made by the person himself/herself. The amendment of the Code of Criminal Procedure of the Republic of Lithuania came into force on the 1st of September 2007. The amendment provides the possibility to interrogate as a witness (after obtaining his/her consent) the person (also called a special witness) who can possibly testify about his/her own criminal act. Theretofore, there were some cases in practice of the officials of Lithuanian institutions of prosecution that the institutions had data that particular person could have made a criminal act but data were not sufficient in order to make notice on suspicion. Furthermore, the procedure delay was caused by interrogation of persons having immunity against criminal jurisdiction under the standards of international law: Permission of competent institution should have been obtained for prosecution of such persons, when such permission was obligatory under the laws (for example members of Seimas, court judges, etc.). The Master’s Thesis consists of two parts: theoretical and practical. The theoretical part pays the considerable attention on the conception of special witness and analyzes the theoretical problems and the problems legal regulation. Analysis of the issues of status of the special witness is provided in a separate part of the Master Thesis. The practical part of the Thesis reveals how application of this institution is implemented in practice of the prosecution institutions as this has not been done in Lithuanian law literature (in what concerns a special witness) by now. |
