Procesinės prievartos priemonės baudžiamajame procese
MetaduomenysRodyti išsamų įrašą
Topicality of the theme of the scientific work and the problems. Constriction of human rights in the criminal proceedings is exercised via the coercive measures, which are fixed in the Criminal Process Code (CPC), and is determined by the circumstance, i.e. that the participants of the criminal proceedings do not always appropriately fulfill their duties, which are fixed in the legal acts, regulating the criminal proceedings. The principles of protection of human rights, which are declared in the international and national legal acts of the lawful, democratic state, and the practice, which is being formed by the international justiciary institutions (the European Court of Human Rights, European Court of Justice) constrict application of coercion by setting the principle of proportionality, according to which the fair balance between the measures, which constrict human rights, and the goals, which are being pursued by these measures, must be considered and fixed. Topicality of the theme of the doctorial dissertation is conditioned by the problematic items, existing in the proceedings of application of the coercive measures, which are related with securing protection of human rights; the solutions of the latter are being searched for in the present dissertation. The problem, which is being investigated in the dissertation work, is related with constriction of human rights and freedoms, which is being exercised in the criminal proceedings via application of coercive measures. The work aims at ascertaining the limits of the state‘s hold on application of coercive measures in the criminal proceedings as well as at investigating and suggesting the methods, which less constrict human rights and freedoms. The problems of the dissertation thesis cover three aspects: firstly – perception of the concept of coercive measures and of their functions in the criminal proceedings; secondly – perception of the principle of proportionality, its content, criteria and methods of fixing the principle of proportionality; thirdly – application of the alternative coercive measures in the criminal proceedings.