| Abstract [eng] |
In the Master's thesis, the basis of the appeal and the appellate procedure are analyzed, examining the legal acts and court practice of Lithuania. The main focus of the work is on the analysis of judicial practice in order to assess what factors determine the limits of the trial of the case in the court of appeal. The principle of justice enshrined in Article 109 of the Constitution of the Republic of Lithuania, that justice is carried out by the courts, means that the constitutional value is not the adoption of the court's procedural decision in the court itself, but rather the adoption of the court's correct procedural decision. Thus, the appeal is significant in that the participants in the process are guaranteed the right to a fair trial, a fair trial, with the aim of preventing the innocent from being convicted. The work is divided into four parts - the first part reviews the development and essence of the appeal, the second part - the possibilities to appeal a non-final judgment provided for in the Code of Criminal Procedure, the grounds and its meaning, the third part reviews how the appeals of the appellants are examined, the significance of the content of the appeals and the influence on the limits of the trial of the case in the appellate court. With the help of court practice, related problems are analyzed and discussed, which are the determining factors for making a procedural decision. The limits of the appellate court and cases of their expansion are analyzed. The fourth part examines the types of appellate court decisions, the importance of the appeal, while reviewing the significance of the appeal for criminal cases examined in the courts of first instance. |
