| Abstract [eng] |
Human right to freedom is a fundamental, inherent, constitutional right. It is protected by the Constitution of the Republic of Lithuania, the laws and the international character of the legislation, such as the European Convention on Human Rights. That legislation not only states but also indicate on what basis, and the manner in which state authorities may be limited. Supervision measure is temporary legal custody to a prison term. On pre-trial stage, only one participant in the criminal process may be arrested - the suspect. A person becomes a suspect when he is detained suspected, that he made an offense, or heard about the act, which act he is suspected, or when summoned to the hearing when it is drawn up on suspicion. It is also when the person absconded and his whereabouts are unknown, it is suspected or recognized as a prosecutor has ordered or investigating judge has ordered; and when it is satisfied in the special request for the witness to make him under suspicion. At the becoming as a suspect, at the same time a person can be arrested. From the moment of arrest the suspect becomes ,,being arrested’’, and acquire some specific rights that exist in this pre-trial supervision measures in the appointment. The first right within 48 hours to be delivered to the competent investigating judge for questioning the validity of the arrest, which itself contains two elements: the immediate delivery and that only an independent and impartial judge can address the issues of detention. After the adversary he acquires the rights: to know the grounds of arrest and the investigation materials, which are based on the basics. Informed about it, the suspect may effectively exercise its right to give explanations and comments on the feasibility and legality of detention, to provide relevant articles and documents. ,,Being arrested’’ suspect gets some legal options of non-interest in the legitimacy of the arrest: right to choose their own persons, and to inform them about the arrest, or ask the prosecutor about the unconscious, as well as the right to ask a prosecutor to take care of his minor children and property. When investigating judge has ordered the allocation of the detention, the arrested suspect has the last opportunity to avoid pre-trial detention - appeal against the ruling. This right is one of the elements of habeas corpus right, contained by Convention. If ,,being arrested’’ suspect order don’t give an appeal, or his appeal is rejected, he becomes an ,,arrested’’ suspect. It’ status implements its own, as the suspect's rights, but they acquire some certain specificity: the right of defense of the essential aspects - the arrested suspect haves the right to representation and participation is necessary legal assistance being, and the opportunity to negotiate with him without outsiders. Criminal Procedure Act limited the arrested suspects right at any time of the pre-trial investigation get the pretrial investigations documents, and to provide a copy, as well as the right of appeal to the competent officials of the decisions and actions. Meanwhile, the right to make a significant objects and documents is usually implemented through the law to apply to the prosecutor of the proceedings and the execution of the necessary legal assistance participation. Arrested suspect has some specific rights, which the usual suspect doesn’t have: the right to legal proceedings within a reasonable time, which relates to the unreasonably long detention inadmissibility, the right to ask the court to check the lawfulness of detention periodically (the second element of habeas corpus right), and the right to compensation for unlawful arrest, and others. It should be noted that only a small part of ,,being arrested’’ suspects rights, which doesn’t have usual suspect, is enshrined in the CPA. Many of them are under the Convention or is apparent from the provisions of the European Court of Human Rights. |
