| Abstract [eng] |
The Master's thesis analyses the issue of ensuring the presumption of innocence in Lithuanian criminal proceedings. In order to clearly and systematically disclose the analysed topic, the case law of Lithuanian courts of general competence, the jurisprudence of the ECtHR, and special scientific literature of representatives of legal doctrine are used. It also refers to sub-legislative normative legal acts. In this work, on the basis of the interpretations of the Constitutional Court, the case law of the Supreme Court of Justice and the ECtHR, the problems of the presumption of innocence are widely discussed in relation to the application of the principle of onus probandi, where the courts implicitly shift the burden of proof to the defendant and thus violate the presumption of innocence. It also highlights cases which do not constitute a breach of this principle. It also highlights breaches of the rule of in dubio pro reo, which is an essential component of the principle of the presumption of innocence, in criminal proceedings, where a conviction is handed down without removing any doubt as to a person's guilt. The statute of limitations and its problems are also extensively examined when the decision to dismiss a case on the grounds that the statute of limitations has expired uses language that is typical of a criminal conviction. The analysis of the case-law of the courts reveals problems relating to procedural coercive measures, in particular arrest, and disclosure of pre-trial investigation and case material. It has been found that Lithuanian courts often impose detention as the most severe procedural coercive measure after giving inadequate reasons for the decision to impose detention. The issue of violation of the presumption of innocence is also frequently raised when representatives of public authorities and pre-trial investigation officials make public information that may create the public perception that the state considers a person guilty before a court decision is taken. Finally, having analysed the above-mentioned problems, the author draws reasonable conclusions on the problematic aspects of the presumption of innocence in Lithuanian criminal procedure law. |
