| Abstract [eng] |
Detention as a Measure of Last Resort in Criminal Procedure. Arrest as a custodial measure is the ultimate procedural measure of coercion. It restricts personal rights and freedoms to a maximum degree and therefore this ultima ratio measure of coercion should only be imposed when lighter custodial measures cannot be used to attain a positive result. Unjustified imposition of arrest restricts personal rights and freedoms more than it is necessary considering its purpose and should therefore not be imposed before all the other procedural measures of coercion have been exhausted. The coal of the master’s thesis was to scrutinise all aspects of weaknesses of and gaps in the regulation and application of arrest in case-law, considering the case-law of the ECHR and the courts of the Republic of Lithuania. To that end, the thesis revealed the notion and meaning of arrest in the process of sanctioning, considered the aspect of the duration of arrest and its substitution with a lighter custodial measure, as well as analysed the problems of imposition of arrest in case-law, stating the legal conditions and grounds for the imposition and extension of arrest. |
