| Abstract [eng] |
The master’s thesis analyses the concept and significance of the legality of evidence as one of the characteristics of evidence admissibility. It explores the criteria applied to unlawfully obtained evidence in determining its admissibility in Lithuanian court practice and identifies other procedural issues encountered in the courts. The thesis is divided into three parts. The first part reviews the concept and significance of unlawfully obtained evidence and examines how the legality of evidence – as a feature of admissibility – is understood in court practice. The second part analyses the case law of all instances of Lithuanian courts, focusing on the admissibility of the most commonly used types of evidence in practice – audio and video recordings, as well as other electronic evidence. It identifies the main criteria courts use to assess the admissibility of such evidence, offers a critique of those criteria, and explores possible solutions. Additionally, it addresses other procedural issues observed in court practice, such as the distribution of the burden of proof when assessing the legality of electronic evidence. The influence of artificial intelligence on evidentiary tools and their admissibility is also briefly examined. The final, third part considers the relationship between unlawfully obtained evidence and other values – it evaluates how current court practice ensures the protection of individuals’ private lives and seeks to answer the question of which should take precedence in civil procedure: the admissibility of evidence or the goal of establishing material truth. It also examines how broadly the principle of free evaluation of evidence can be applied without undermining the institution of evidence admissibility. |
