| Abstract [eng] |
State Civil Liability for Damage Caused by Officers' Misconduct in Criminal Proceedings The legal norms of the Republic of Lithuania provide for the institute of civil non-contractual liability of the state, which ensures the right to compensation for damage when it was caused by illegal actions of officers during criminal proceedings. The first parts of the work examine the legal regulation enshrined in Lithuanian normative legal acts, intended to protect the violated rights during criminal proceedings and receive compensation. The out-of-court method of compensation and the main functions of compensation are analyzed as well. The essential provision providing for the possibility of compensation for such damage is provided in Article 6.272 of the Civil Code, part 1. Every year, on the basis of this norm, lawsuits are filed questioning the legality of criminal proceedings and the methods chosen during them, thereby substantiating the occurrence of damage. It means that the detailed interpretation and proper application of such liability conditions in case law is a guarantee for the victim to defend his or her violated rights. In order to ensure effective protection of violated rights and adequate compensation for damage in the case of non-contractual liability of the state, the conditions of this liability are analyzed in detail in the work. Each of the conditions is analyzed separately, with a special focus on the condition of illegality, as its establishment is a key step in the application of the State's civil non-contractual liability. After the European Convention of Human Rights has gained significant importance in the legal systems of the Member States, including Lithuania, its legal regulation and issues are examined in the context of the Convention and European Court of Human Rights judgments both against Lithuania and other states, with the aim of better revealing solutions. |
