Baudžiamojo proceso veiksmų teisėtumo vertinimas žalos atlyginimo kontekste
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This article evaluates legal regulation with regard to damages inflicted by unlawful actions of interrogatory and investigatory bodies, prosecutors and courts, as well as revealing the conflicts of such regulation to the Constitution of the Republic of Lithuania and international legal acts, and identifying the main negative aspects of existing legal regulation for day-to-day procedural activity in criminal cases. The main focus in the article is on one of the conditions for State civil liability: the evaluation of the illegitimacy of actions (decisions) in the criminal process in the court’s practice. The analysis of scientific doctrine and court practice shows that the concept of violation in the course of criminal procedure is significantly extended when the violation is linked not only with the concrete norms of the law of criminal procedure, but also with the common duty of law enforcement institutions to act with due care and diligence. The authors of the article raise the lack of scientific and practical arguments in justifying such court practices, when the same criminal procedure act (or decision) is qualified differently in criminal and civil procedures.
- Straipsniai / Articles