Imunitetai ir privilegijos, kaip papildomos asmens teisių apsaugos garantijos baudžiamajame procese

Abstract

The graduation paper towards the Master‘s degree is devoted to finding out by analysing and comparing whether the provisions for the immunities and privileges fixated in the criminal process laws of Lithuania and foreign states as the additional personal rights guarantees are sufficient to efficiently ensure protection of personal rights during the criminal process. Seeking to come to such clarification the author first makes a distinction between the immunities and privileges related to criminal liability and the same one may be entitled to in the course of the criminal process. The latter are considered in the principal part of the paper. As the immunities and privileges are recognized to be the supplementary guarantees of personal rights, the importance of the rights of the individual being the subject of criminal process, i.e. the witness, in general is considered in the paper. It should be noted that when dwelling on this topic it is possible to talk also about victims or other subjects, however, aiming to better describe the institute of immunities and privileges, the immunities and privileges granted to the witnesses are analysed. The consistent analysis is sought when discussing the notion of the witness and distinguishing between the concepts and criticism of witness immunity proposed by various authors. The paper also provides several classifications of the witness immunities one of which being their division into the occupational and personal immunities of the witness and this classification is referred to when analyzing in detail the particular types of immunity in the third part of the paper. The author comes to the conclusion that there are certain deficiencies in the Criminal Process Code related to regulating of this institute related issues, which diminish its efficiency in ensuring the person‘s rights in the criminal process. In addition the criticism the paper provides recommendations (suggestions), which if taken into account could promote solving the problems discussed in the paper.