| Abstract [eng] |
The main aims of the Master's thesis: 1) to analyze case law of the courts and the science of criminal procedure law in order to present concept of the procedural equality of prosecution and defence, 2) to determine its elements, 3) to identify how and in what way such procedural equality is enshrined in the Lithuanian legal acts and what is its implementation mechanism. The Master's thesis consists of the contents, introduction, four main parts, conclusions, summaries in Lithuanian and English languages and source list. In the first part on the bases of historical development of criminal procedure types and the analysis of the Constitution of the Republic of Lithuania it is stated that the procedural equality of prosecution and defense must be recognized as an atribute of modern Lithuanian criminal procedure. The second part consists of the explanation of the constitutional principle of individuals equality and its expression in criminal proceedings. Moreover, in this part the fair trail principle and one of its key requirements – the equality of arms is presented. Then the doctrinal understanding of the procedural equality of the parties and its elements is discussed. The third part is dedicated to the investigation of the prie-trial stage of criminal procedure regulation in order to determine whether each party is given sufficient procedural measures to ensure that they are equal in procedural terms. The fourth section presents a number of additional defence guarantees, which should help to ensure the implementation of procedural equality of prosecution and defense, and their problems. The conclusions consist of a short summary of Master’s thesis major ideas. |
