| Abstract [eng] |
This master’s thesis examines the key issues related to the use of statements made during a pre-trial investigation in criminal proceedings. This thesis emphasizes the importance of criminal procedural actions carried out during the pre-trial investigation not only in fulfilling the tasks characteristic of this stage of the process, but also in defining the scope of the court proceedings and in ensuring justice in criminal cases. The influence of the process of forming testimony on the reliability and completeness of this evidence is emphasized. By analyzing the key provisions governing the procedure for conducting interrogations during the pre-trial investigation and the reading of testimony given during such interrogations at the trial, and by evaluating and comparing the case law of the Supreme Court of Lithuania and the European Court of Human Rights, this master‘s thesis reveals fundamental issues related to the use of this evidence in the investigation and adjudication of criminal offenses. This work also focuses on an analysis of the criminal procedure provisions of the Kingdom of Norway, the Federal Republic of Germany, and the French Republic governing the use of interrogations conducted during the pre-trial investigation and the testimony given during them. It outlines the classification of interrogations conducted during the pre-trial investigation and systematizes and analyzes the requirements for testimony given during the pre-trial investigation. This master’s thesis also presents the differing views of legal scholars regarding the status of a person being questioned under special procedures, the establishment and exercise of their rights and obligations, the role of pre-trial investigation authorities in the process of evaluating evidence, and the assessment of the Prosecutor General’s recommendations as a source of law. |