| Abstract [eng] |
The Master thesis lists and analyzes the principal theoretical and practical problems of bringing a prosecution to a person having national immunity with reference to comparative analysis of acts of law of Lithuania and other states and information obtained using methods of questionnaires and statistical survey. The concept of immunity is analyzed in a theoretical aspect – the question of differentiation of definitions immunity and inviolability, immunity and indemnity is raised, consistency of division into international and national immunity by the source act of law is discussed with respect to contemporary regulation – pointing out some theoretical problems of such a division. Whereas constitutional regulation of immunity of the Seimas, members of the Government, Constitutional Court and judges of all levels is related to the definition of bringing a prosecution, “general” and “narrow” concepts of criminal liability and bringing a prosecution is analyzed alongside existing and probable theoretical and practical problems related to their choice. The main problem, having talked to lawyers and watched verbatim reports of the Seimas sessions, is the resolution of the Seimas in corpore, when the question of withdrawal of immunity to members of the Seimas – from the members of the Seimas General Prosecutor applied to the Seimas for, prosecution was allowed only to 46,15 percent of them. Master thesis sequentially reconsiders probable ways and stages of bringing a prosecution, lists the existing problems and gives suggestions how to solve these problems. |
