| Abstract [eng] |
The Master’s thesis provides a comprehensive analysis of the concept of search in the criminal procedure law of the Republic of Lithuania, based on legal normative acts and judicial practice. The main aim of the thesis is to examine the concept and content of search in Lithuanian criminal procedure law, discussing both practical and theoretical aspects. To provide a broader understanding and context, the regulation of search is also examined in four foreign countries – the United Kingdom, France, the United States, and Italy. This comparative analysis reveals different legal systems’ approaches to the search procedure, its specific features, and practical application. The thesis identifies the main features of the concept of search, thoroughly analyzes court practice to clarify the essential elements of the search process, and highlights the problems arising from procedural violations during its execution. Cases of urgent search are examined, along with the practical challenges related to applying this exception, with particular focus on the criteria of justification and necessity. Furthermore, the thesis systematically compares search with related procedural actions – inspection and seizure – discussing their differences and interrelations from both theoretical and practical perspectives. Special attention is given to the relationship between search and seizure (liet.- poėmis), aiming to determine whether seizure (liet.- poėmis) remains an effective procedural measure when a broader instrument – search – is available. Finally, the thesis addresses the specific features of conducting searches in relation to individuals with legal immunity. It provides a detailed analysis of exceptions and restrictions applicable to diplomats, lawyers, journalists, judges, and members of parliament. |
