| Abstract [eng] |
This thesis analyses the principles of the criminal procedure model by comparing them with the prevailing criminal procedure regulations and highlighting the issues within Lithuania’s criminal procedure model. The main objective of the study is to examine the characteristics of the criminal pro-cedure model, its distinctive features, and specific institutions of criminal procedure law. The research compares how these institutions are regulated under different models and legal traditions, identifying their regulation and associated issues in Lithuania. The analysis of the models allows the conclusion that the Lithuanian criminal proce-dure model is closest to the mixed model, as the inquisitorial model dominates during the pre-trial investigation while the classical adversarial model prevails during the trial stage. The comparative analysis reveals that the investigation and prosecution of certain institutions and specific criminal offenses in Lithuania present challenges, particularly con-cerning evidence and the burden of proof. It is evident that the investigation of some of-fenses may violate the presumption of innocence. Additionally, a key issue is the European-ization of Lithuania’s criminal procedure, which is complicated by the country’s post-Soviet legal tradition. The thesis conducts a comparative analysis by examining legal doctrine sources that outline the main features of criminal procedure models and institutions, comparing them with the Lithuanian criminal procedure system. Furthermore, case law analysis is carried out to assess the criminal procedure for different case categories and highlight the most problematic aspects of these cases. |
