| Abstract [eng] |
Removal of Judge (Court) Article 31 of the Constitution of the Republic of Lithuania guarantees a person accused of a crime the right to a fair and public hearing by an independent and impartial court. The judge's impartiality is one of the fundamental human rights and freedom, which leads to participants in the process and public confidence in the court, and a person's right to a fair trial protected at both national and international level, so this paper analyzes the relevant Lithuania and the European Court of Human Rights in cases where has clarified the circumstances when judge (the court) is recognized as violating the principle of impartiality. The judge (court) removal Institute inseparable from fairness in the criminal process, the principle is one of the main legal instruments to implement the individual's right to a fair trial. Disqualification court can be brought only if there is reason for concern, because the work of a detailed analysis of the judge bases listed in the Criminal Procedure Code is not exhaustive, and also to highlight the main circumstances in which the participants can reasonably question the impartiality of the court. Also, the analysis of the concept of the challenge, the Institute for the purpose of application possibilities to reveal what the judge (court) removal of the Institute the main problematic aspects of what it determines what caused the effects. |
