Interest is one of the main sociological and legal categories, which help to discover relation between objective external tendencies and activities of a man. A witness who has procedural rights and obligations is allowed to protect these rights and obligations respectively and thus a witness begins to have an interest in criminal procedure. Two types of interests of witness could be accordingly distinguished, i.e. personal interest and legal interest. The analysis of witness’s interest in criminal cases allows to affirm that (...) the procedural interests of a witness in criminal procedure may be divided into those related to the outcome of the case and those related to a person’s legal position in a definite criminal suit. (shrink)

This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible to provoke a person (...) without any active enticement or instigation to engage in criminal activity. This could be regarded as passive, indirect type of entrapment. The gist of the latter – creating the effect of minimum risk, meaning that a person, without any active enticement or instigation to engage in criminal activity, is acting in the course of a simulated situation, by thinking that the criminal activity he or she is committing will never be discovered by law enforcement authorities. The identification of passive entrapment is quite complicated, as it requires the precise assessment of the relation between the conduct of law enforcement authorities, the criminal and the criminal act, by using subjective and objective criteria. (shrink)

The paper deals with certain aspects of the interpretation and application of the law pertaining to the European Arrest Warrant (EAW), which are related to a person’s right to question the possibility of criminal prosecution as well as to the impossibility of execution of criminal prosecution in respect of a person who was not surrendered to the Republic of Lithuania. It is observed that the procedures of the execution of the EAW in legal practice, as distinct from their delineation in (...) the provisions of the legal acts of the European Union, are being inadmissibly misinterpreted in the national law. It conditions infringements of the right of a person to be brought to criminal account to know what he/she is suspected of. A person’s right to question the possibility and the limits of criminal prosecution is a constitutional guarantee towards the legitimacy of criminal proceedings. (shrink)

This article analyzes the issues of content and scope of the immunity of a close person as a witness in criminal procedure of Lithuania. The question on sufficiency of this immunity is raised because protection of a personal and family secret in criminal proceedings depends upon it. The author also perceives uncertainty of the actual and legal status of a close person as a family member, while ascertaining and implementing one of the most important additional guarantees granted for witnesses. The (...) following propositions are formulated: as regards witness’ immunity from obligation to testify against a member of his/her family or against his/her close relative, it is necessary to assess not only the formal aspects of the concepts “family” or “marriage”, but also the actual nature of the relations of persons who are bound by family or similar ties. (shrink)

The article deals with the discussion of the concept and implementation of immunities of the witness in the criminal proceedings in abstracto. The problem is whether the additional guarantee of protection of the witness’ procedural interests, which is fixed in the Law of the Criminal Procedure, is appropriately methodologically regulated, or whether certain immunities of the witness are appropriately perceived and applied in practice, is raised in the present article. Through this reason, the author, searching for the answers to these (...) questions—how is all this and how must all this be?—singles out, in abstracto, two elements of immunities of the witness, in concreto—the immunities of the witness and witnessing. It would seem that these protective guarantees are similar in principle. The analysis of this article allows for the answer that they are analogous from the point of view of their value. However, they differ by the mechanisms of implementation. According to the author, the immunity of the witness protects the person from becoming a witness, whereas the immunity of witnessing secures protection from witnessing, which may cause harm to the witness himself/herself. Accordingly, it also determines the need not only to analyze these two elements, but their interrelation and interrelations as well. (shrink)

The article deals with a discussion of the concept and implementation of the procedure within a reasonable time as a legal principle. The main purpose of the article is to reveal the content and functioning of this principle. The author presents new insights into this principle. From time to time this legal ground evolves into new forms or the criteria, on which it depends, changes; therefore, such issues have to be taken as the basis for evaluating this principle. The following (...) conclusion is drawn in the article: the effect of the principle of the procedure within a reasonable time is not only tied to the obvious suspicion or indictment, but also to any reasonable assumption about the probable prosecution due to various actions carried out by criminal procedure officers under the Code of Criminal Procedure. After summing up the arguments, the author concludes that it is important to estimate the procedural interest of the suspect, defendant or sentenced person. (shrink)

Endeavours of politicians, representatives of law enforcement institutions and courts to create simplified, accelerated and less human and time resources requiring legal procedures in criminal cases prompted the authors of this article to assess the possibilities to develop the written form of procedure in Lithuania. The goal of the authors of this article is to assess the origin and goals of the written form of procedure, as well as to define the main rules and points for discussions on the possibilities (...) to develop the written form of procedure in the Lithuanian criminal procedural law. The conclusion is drawn in this article to the effect that written form of procedure is seen as a condition for simplifying and accelerating the legal process, and choosing this form of procedure is not considered as denying or restraining the expectations of participants of criminal procedure towards a fair trial. The analysis provides the basis for the authors to make a conclusion on the appropriate limits of applying written or oral procedures for hearing criminal cases: Oral procedure must be guaranteed in cases where questions of criminal liability and personal guilt are solved at the first instance court hearings; Oral procedure usually has to be guaranteed in cases where during the procedure at the first instance court hearing the questions of criminal liability and personal guilt are solved, although oral procedure may be limited and the procedure may be conducted in written form if new evidence are not investigated and there is no doubt for deciding whether oral procedure is better for understanding the case; Oral procedure need not be guaranteed only in cases where questions of application of the law are solved and if oral procedure was guaranteed during the procedure at the court of first instance; Written procedure may guarantee the right to a fair trial, where the participants of the procedure are allowed to provide various explanations and written documents or a person is allowed to ask for an oral court hearing. (shrink)