Teisingo (sąžiningo) proceso principas baudžiamojo proceso teisėje

Abstract

The Master degree final thesis under the title ‘The Principle of Procedural Justice in the Law of Criminal Procedure’, while using historical, comparative, statistical, analysis and survey methods, defines the concept of procedural justice principle, analyses its relation to other principles of criminal procedure, theoretical and practical aspects of implementing this procedural principle into the stages of pre-trial investigation and judicial investigation. The European case-law follows the procedural justice principle in interpreting the boundaries of applying other procedural principles and ensuring the rights of citizens. Furthermore, it is free from doubts that the procedural justice principle is a legal basis including many other procedural principles that make up a working mechanism for this principle. The procedural justice principle is perceived as the focusing of pre-trial and judicial investigations for efficient and purposeful offence, analysis of the offence and a fair conclusion of the procedure (keeping to the rule of punishing offenders or discharging those innocent, and reconstituting violated rights of the individuals). Analysis of the subject chosen for the thesis has shown that the issue of procedural justice principle in the present legal system is problematic. Key words: procedural justice principle, criminal procedure principles, pre-trial investigation, judicial investigation.