Nukentėjusio nuo nusikalstamos veikos asmens teisė kreiptis į teismą kaip teisminės gynybos realizavimo baudžiamajame procese prielaida.
MetadataShow full item record
The right of a person, who is a victim of a criminal act, to access justice (court) according to the criminal legal order, is analyzed in this article. The right to appeal to a court is analyzed as a constituent part of the principle of accessibility to legal defence. Pre-eminently, the general constitutional fundamentals of the right towards legal defence are estimated. The provisions of the jurisprudence of the Constitutional Court of Lithuania, i.e. that the right towards legal defence of the infringed rights is absolute, is analyzed while taking into consideration the attitude formed by the international courts, i.e. that the right to justice is not an absolute and can only be restricted by being ruled by the principle of proportionality and the other legal principles. The aggrieved person’s right to appeal for legal defence according to the criminal legal order serves as the dominating point of this article. The person appealing for defence of their infringed rights disposes of the right to insist on punishment of the person who has committed the criminal act, and disposes of the right to insist for the compensation of the damage that was made by the criminal act. The aggrieved person’s rights of the material legal nature are not analyzed in detail in this article; but attention as such is drawn towards two procedural forms of such a person’s appeal to court. After having analyzed the jurisprudence of the Constitutional Court of Lithuania, the judicial praxis and provisions of the doctrine, one can state that the order of appeal to the court is rather complicated in the process of the private prosecution. By taking into consideration the fact that the aggrieved person performs the accusatorial (prosecution) function in the proceedings of the private prosecution, the formal requirements are raised towards the claim. Such regulation must guarantee the right of the accused to know what he/she is charged with; however it complicates the possibilities of the victim to defend his/her rights in the course of the hearing. It is also pointed out, that the importance of rendering the legal aid, which is guaranteed by the state in cases when the person, aggrieved as a result of the criminal act, cannot make use of the legal services through his/her material circumstances and because of this cannot efficiently make use of their right to legal defence. In conclusion, the right to legal defence and later on towards a fair trial cannot be realized without having first secured an efficient procedure of the aggrieved person’s appeal to the court, and this process is drawn in the present article. Seeking to secure in court an efficient defence of the rights of a person who is a victim of a criminal act, , it is necessary to provide the aggrieved person with the accurate procedural status as soon as possible; to settle the question on timely rendering of the legal aid guaranteed by the state to the victims, who have suffered as a result of the criminal act; to make proper amendments of the legal provisions, which are regulating the transition of the public procedure of the prosecution into the procedure for private prosecution.
- Articles / Straipsniai