Kai kurie privataus kaltinimo teisės įgyvendinimo aspektai
The goal of this article is to explore the possibilities of the crime victim to defend his/her rights and legal interests in private prosecution procedure, to identify the factors that prevent effective defence of personal interests and to answer the question whether private prosecution as means of protection of crime victim‘s rights satisfy victim‘s expectations and ensure effective defence of his/her interests. The article attempts to reveal problematic aspects of the implementation of the rights and obligations of the private prosecutor, to investigate whether the crime victim, implementing the right of private prosecution, can effectively defend his/her legal interests damaged by the commitment of a criminal offence. The prosecution function and the function of protection of the rights and personal interests implemented by the crime victim in private prosecution procedure are related and implemented simultaneously. Therefore, the factors that prevent effective implementation of the crime victim‘s prosecution function at the same time prevent effective defence of the crime victim‘s rights and legal interests damaged by the commitment of a criminal offence. In the article the conclusion is drawn that the assessment of the private prosecution complaint of the crime victim in the stage of its acceptance in court should include not only compliance with the formal provisions of law but ensure effective implementation of legal principles (in this case - access to justice) as well. Delegated mediation initiated by court can become a perspective model ensuring the implementation of the interests of parties to restore the rights damaged by the commitment of a criminal offence and creating assumptions for the conflict resolution in the most advantageous way. The procedure of mediation could be regulated as the obligatory stage of private prosecution procedure. The research of the problematic areas of private prosecution procedure leads to the conclusion that in legal reality the effectiveness of legal protection provided for a crime victim in private prosecution procedure largely depends on the circumstance whether s/he will implement the private prosecution procedure independently or will use services of a professional representative by proxy. The effectiveness of legal protection depends on the extent of constitutionally substantiated activity of the court in the process of proof as well. Without provision of effective legal assistance, the implementation of the private prosecution right as the means of protection of personal rights and legal interests cannot satisfy the crime victim‘s expectations and interests to receive compensation of damages and to solve the conflict.
- Articles / Straipsniai