| Abstract [eng] |
This Master’s thesis provides the analysis of the implementation of the privilege against self-incrimination in Lithuanian Criminal Procedure Law. Through the examination of various historical and currently applicable national and international legal acts, legal doctrine and judicial decisions, this research seeks to explain the historical development of the privilege against self-incrimination, its content, and relation with other fundamental human rights, as well as to identify and assess the problematic aspects surrounding its practical application within the Lithuanian criminal justice system. The privilege against self-incrimination, also known by its Latin phrase of nemo tenetur se ipsum accusare, is guaranteed in the Constitution of the Republic of Lithuania and as a constitutional provision prohibits compelling an individual to testify against themselves. This right is recognized as a fundamental and inherent human right, and its proper implementation and protection in criminal proceedings is particularly significant in the broader context of human rights. The thesis analyses the concept of the privilege against self-incrimination, its relation to other fundamental rights, and current challenges in its implementation in criminal proceedings. Specific attention is given to issues arising from the legal regulation of the status of the special witness and the improper use of modern technologies by law enforcement. The goal of this thesis is to thoroughly explore the challenges related to the enforcement and protection of the right not to incriminate oneself and to identify the most frequent instances of violation of this constitutional guarantee, and to propose potential ways of improvement. An in-depth analysis of legal doctrine, legal provisions, and judicial decisions helps to highlight how the right against self-incrimination is understood in Lithuania and the influence of the European Court of Human Rights to this understanding; and identify reoccurring instances where insufficient legal safeguards result in violations of fundamental human rights. Furthermore, the thesis addresses both existing and potential threats to this privilege arising from the application of modern technologies in the criminal proceedings. |
