Teisės į teisingą teisinį procesą samprata Lietuvos Respublikos Konstitucinio Teismo jurisprudencijoje

Abstract

The constitutional principle of judicial defence is universal; every person has the right to apply to court; a person is guaranteed defence of his violated rights regardless of his legal status; the violated rights and legitimate interests of persons must be defended in court irrespective of the fact whether they are directly established in the Constitution or not; the rights of the person must be defended not formally, but in reality and effectively from unlawful actions of both private persons and state institutions or officials. It is revealed that the Constitutional Court interprets the presumption of innocence. It is shown that the right of a person to a fair legal process does not only include the right of a person to know all what he is being charged with and on what basis the charges against him are founded, as well as the right of a person to present evidence for the defence. This must be assured by norms of the laws on criminal procedure and other laws, which must be in conformity with the constitutional principles of lawfulness, equality of all persons before the law and courts, impartiality and independence of courts and judges and those of public and fair investigation of cases. The participants of trials – the prosecutor, the accused, the defence, the victim and his representative, the civil plaintiff and the civil respondent and their representatives – must be guaranteed by laws equal rights to present evidence, to take part in the investigation of the evidence and to submit pleas. Cases must be investigated on the basis of the contention principle.