| Abstract [eng] |
This Master‘s thesis analyses the application of remand in Lithuanian court practice. The first part of the thesis reveals the concept, system and purpose of procedural coercive measures. This part also reveals the significance of the most severe supervision measures, provides relevant statistics on the extent of the use of remand in the Republic of Lithuania, revealing that this measure is till used very frequently, and examines in detail the legal regulation of the use of remand. The second part of work provides a detailed analysis of the prerequisites (grounds and conditions) for remand through case law. This analysis allows the identifications of problems arising in practice in relation to the determination of individual grounds and / or conditions of remand, highlighting trends in judicial reasoning and disputes, as well as revealing examples of bad practice. This analysis provides reasoned proposals for improving the case law. The third part of the paper examines the times limits for remand and the procedure of extending them and analyses the judgments of the European Court of Human Rights in cases against the Republic of Lithuania, where violations of the ECHR have been found in relations to excessive length of remand. This analysis allows to identify the main reasons why human right violations have been found, such as the lack of activity of the courts in organising hearings, and to make reasoned proposals to prevent future violations. |
