| Abstract [eng] |
The author of this Master‘s Thesis analyses one of the most important institute of the criminal process – the state accusation. In this work is seeking to disclose the concept of the state accusation, the substance of legal regulation in Lithuania, describe the historical development of Lithuanian Prosecutor's Office function supporting public prosecution. There is also presented a brief overview of this institute‘s similarities and differences in foreign countries,. There is also described the significance of distribution of accusation into the private and public. One of the main important parts of this work is the detailed description of legal rights and obligations which the public prosecutor has during the process in a first instance court. The analysis includes the position of prosecutor during preparatory part of the hearing, the investigation of evidence in court and his final speech. During support of state accusation public prosecutor protects damaged interests of the society, helps to implement justice and seek the fair punishment of the guilty person. Therefore, it is important the qualification and ethical attitudes of the public prosecutor. It can be mentioned, that when the certain circumstances change - the public prosecutor's position in court may also change – he may change the initial charge or even eliminate it. As the intermediate between the first and the appellate instance there is described the right of prosecutor to appeal against the First Instance Court decision. In this Master‘s Thesis the theoretical information is illustrated by practical examples. Finally, the author gives summarized conclusions which where reached during the research of the theme. |
