| Abstract [eng] |
Problematic Aspects of Arrest Application Arrest is the preventive measure that has the largest adverse effect on personal freedom, as well as causing a variety of adverse effects for the person, who is still under the presumption of innocence. The nature of arrest, as well as its frequent use, implies the need for more attention to the analysis of this measure, the validity of its appointment and motivation. The thesis begins with a general analysis of the purpose and significance of preventive measures, focusing on the legislated objectives that are pursued by the usage of arrest, emphasizing the need to maintain a balance between ensuring the unimpediment of the criminal proceedings and the application of measured coercion on a person. The thesis provides a comprehensive analysis of the general condition for the application of preventive measures - the adequacy of the data that the person has committed the offense, as well as an analysis of all the conditions and basis for detention and their application in case law. The main conclusion is that the courts’ decisions are not sufficiently motivated, often supported with questionable arguments, or formal statements, while such practice should not be present in the context of arrest as an ultima ratio measure. In particular, the imposition of arrest or extending the term of arrest on questionable motives raises doubts if the arrest is absolutely necessary in all the cases. The thesis also contains the analysis of the realization of personal rights in the process of the imposition of arrest. To ensure fair and adversarial process, the person should in all cases be transported to the hearing on the extension of arrest term, and the defense side should in all cases be able to make themselves familiar with the material relating to the arrest that the prosecutor submits to court. It is also advisable to consider the issue of the reviewing mechanism of the validity of arrest, as it is legislated in the Code of Criminal Procedure of the Republic of Lithuania. While this may potentially complicate the criminal proceedings, with regard to human rights, this possibility should at least be considered. Summarizing analysis presented in the thesis, it can be concluded that in ensuring the protection of individual rights and avoiding unjustified application of arrest, the courts should seek to maximize the validity of arguments in their rulings, focusing on the examples of good practice, as presented in the thesis. |
