| Abstract [eng] |
Procedural Forensic Characteristics and Problems of Search Aistė Janionytė This master’s thesis analyzes the procedural forensic characteristics of a search, as well as certain problematic aspects. Therefore, to explore this topic, the thesis draws not only on knowledge of criminal procedure but also on the specific features of forensic science. The thesis analyzes the concept of a search based on the insights of legal scholars, revealing the objectives, subjects, and types of searches. Furthermore, the thesis defines the totality of grounds for a search, comprising factual and procedural grounds that ensure the legality of the search. It also highlights problematic issues related to the grounds for a search. First of all, these include the lack of justification in decisions by pre-trial investigation officers regarding the conduct of a search, or the provision of general justifications without linking them to the specific case; insufficient substantiation of the factual basis; and the abstract definition of the scope of the search. In practice, these issues lead to pre-trial judges refusing to issue a ruling authorizing a search or to confirm the legality of an urgent search. Furthermore, in light of judicial practice, the issue of distinguishing a search from other procedural coercive measures, procedural actions, and certain actions provided for in the Police Act and the Criminal Intelligence Act is being examined. The distinction between a search and an inspection is particularly relevant, as in practice there are quite frequent cases where objects significant to the investigation of a criminal offense are seized during an inspection rather than a search. Furthermore, this paper analyzes the procedure for conducting a search, linking it to the three stages of a search distinguished in legal doctrine – preparatory, main, and final. It also highlights the tactical methods of search that are implemented specifically during the main phase of the search. The paper examines practical examples that help to better illustrate theoretical and certain problematic aspects. It also outlines tactical recommendations for conducting different types of searches, based on case law, legal doctrine, and practical considerations. |
