Įrodymų tyrimas nagrinėjant bylą teisme: lyginamasis aspektas

Abstract

In each of the analyzed states the process of collecting evidence is the main part of the criminal judicial law. In England the rules of collecting evidence are singled out into an independent branch of law. In Lithuania the burden of collecting evidence falls on the state institutions and state representatives, in England the subject of collecting evidence in the accusing side, in Germany it is the court, and in Belarus the process of collecting evidence is done by the institution of the before trial investigation and by the prosecutor. It is characteristic of all the four states that the process of collecting evidence consists of four stages: collecting, fixation, checking and evaluation of the evidence. The main part of information about crimes is collected during the before trial investigation (in some states, during the preparatory stape), in England – during the police investigation. The main subjects of investigation of evidence during the before trial investigation in Lithuania are representatives of the before trial investigation, prosecutors, judges of the before trial investigation, in England – policemen, in Germany – the office of Public Prosecutor, in Belarus – prosecutors, investigators, chiefs of the investigation department, inquirers. All information collected during the before trial investigation must be fixed in the records of evidence of judicial activities acts and conclusions of expert examination. In England all information is fixed in the book of evidence. For the information to become evidence during the trial it must correspond to the criteria of assumption relativity, authenticity and sufficiency. The other part of information is collected and investigated during the trial. In every of the four states the main subject of investigation of evidence in the court is the judge, the subjects are the prosecutor and the defender of the defendant. As compared with the three states, the most passive is the judge in England. During a shortened trial the subjects of the investigation of evidence remain the same. During such a trial questions asked must be exact and direct. The judge organizes the investigation of evidence during the trial. He must inform the participants of the case about the hearing. The judge must make a plan of all the court setting. In Lithuania and Belarus the accused as usually interrogated the first, the victim is interrogated earlier then the witnesses. Experts and specialists are called to the court if there is a need to supplement, explain the acts of the examination or perform actions which need the presence of a specialist. In England the main examination of the evidence is made during the primary cross and recurring interrogation. The process of examination of evidence is not possible if criminal procedure principles are not observed. But on the basis of empirical research studying the evidence in the court it may be affirmed that these principles are not observed. Examination of evidence in the court without the accused, the victim, his representatives, the civil representative, the plaintiff or his representative is possible only in case their participation is not compulsory and they gave evidence to the before trial judge. Their evidence must be read in the court. During the closed case hearing evidence is studied in the same order as during the public session.