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The judge as an impartial subject in criminal proceedings: the case of Lithuania
Type of publication
Straipsnis kitoje duomenų bazėje / Article in other database (S4)
Title
The judge as an impartial subject in criminal proceedings: the case of Lithuania
Date Issued
2019
Extent
p. 89-107
Is part of
International comparative jurisprudence. Vilnius : Mykolas Romeris University, 2019, vol. 5, iss. 1.
Description
This work is licensed under a Creative Commons Attribution International License (CC BY). http://creativecommons.org/licenses/by/4.0/
Field of Science
Abstract
This article analyses the judge's role as an impartial subject in criminal proceedings. Lithuania's legal system belongs to the Romano-Germanic system characterised by the inquisitorial model of criminal process. However, the prevailing constitutional doctrine that separates the procedural functions of criminal procedure and jurisprudence of the Constitutional Court obliges the judge to seek to establish the strict truth by giving him/her a procedural tool – namely, an obligation to be active and act impartially. To reduce the possible misuse of judicial discretion, the law establishes the factors that limit it and ensure impartiality, including imperative procedural rules, the obligation of motivation for a judgment, the instance system of courts, and the system of guarantees ensuring the judge's independence.
Is Referenced by
Type of document
type::text::journal::journal article::research article
ISSN (of the container)
2351-6674
eLABa
40426720
Coverage Spatial
Lietuva / Lithuania (LT)
Language
Anglų / English (en)
Bibliographic Details
119
Access Rights
Atviroji prieiga / Open Access