Dvasininkų imunitetas baudžiamajame procese: sampratos problemos

Abstract

This article analyses the conceptional problems of the immunity of clergymen in the criminal procedure. It should be emphasized the relation ships between the State and Catholic Church are based on the principles of humanity, mutual understanding, prohibition of interference and religious liberty. In the social legal activity of the State of Lithuania including the criminal procedure activity it has to be ensured the human rights primacy. There has to be the attitude of proportionality between the public interests and personal, professional interests in the case of pre-trial investigation and court hearings. The importance of immunity of clergymen has to be understood as the protection of society's interests, because of most part of information clergymen find out during the confession. After the interests of clergymen are protected, adequately the interests of religious part of society are protected. The mechanism of immunity of clergymen consists of the immunity's origin, effect and end. Those mechanism's elements has to be explained in the sense of factual and procedural immunity of the clergymen. The first immunity is definitely important one. It has to be defined as a prejudicial fact, which has direct influence on the procedural immunity's formation. [...].