| Abstract [eng] |
Problems of the Status of a Person Who Gives Testimony About His/Her Own Possible Criminal Offense. This work analyse the problem of the status of the person giving testimony of his or her own alleged criminal offence. From 1 September 2007, a new institute entered into force in the Republic of Lithuania, where during the pre-trial investigation there is the possibility of questioning a person in the presence of his consent, of his or her own potentially committed criminal offence, as a witness on the basis of The Substatutory law and the General Prosecutor's recommendations and the amendment to item 1 of article 80 of the Code of Criminal Procedure and the basis for supplementing paragraph 3 of article 82. The work is analysed by the emergence of a person's testimony of his own potentially committed criminal offence in Lithuania by comparing him to the Representative Institute of the witness in France. Finding out the origin of this institute is to analyze the adaptation of the special witness to the Lithuanian criminal proceedings by comparing him to the witness and the suspect, as well as to reveal the case-law in which the problem of application of this institute is revealed. The master's work seeks to ascertain whether the Institute of the special witness is properly regulated and what the institute benefits and whether such a institute is needed. As a result of the work, it was concluded that the person giving evidence of his own alleged criminal offence was not identical to the witness than the suspect. The situation of this entity, in the course of the pre-trial investigation, is rather spefinic, since there are no rights and obligations which a witness or suspect has. For this reason, such an entity lacks rights which would prevent the misuse of the official powers of the investigating officers, where, at the time of the special witness, there is no clarification of the rights during the interview, does not guarantee the right of defence. All this often leads to violation of the principle of the Constitution, translation to give the testimony against oneself. Thus, in order to be efficient and directed towards defending the rights and freedoms of citizens, it is necessary to develop this institute's regulation at the legal level by transferring the evidence about its own potentially committed criminal offence Guidelines into the Code of Criminal Procedure, thereby reducing competition between the two instruments. |
