Nukentėjuiuojo teisių procesinės garantijos

Abstract

The procedural figure of the aggrieved in the criminal procedure of Lithuanian Republic appears when an officer of pretrial investigation, prosecutor or court finds out, that the criminal act has caused physical, moral or property damage and only when is it is decreed to adjudicate that such person is the aggrieved. Work analyzed the essentials of research of the aggrieved person’s rights implementation in the criminal procedure, defined the ways of implementing the rights of aggrieved person, highlighted the limitations and practical problems of the aggrieved person’s procedural rights’ implementation. The Lithuanian code of criminal procedure and other laws and legal acts do not give the same procedural rights to an aggrieved person as to the suspect, the accused or defendant, and are different from the procedural rights, which are ensured to the aggrieved of other states. The procedural rights of the aggrieved are implemented through defense, representation, exception, appealing institutes and claim for damages’ compensation. Claiming for damages’ compensation is one of the principal ways to secure the procedural rights of the aggrieved, because it sorely touches the interests of the aggrieved and the problem of damages’ compensation is very relevant. Therefore, the list of the aggrieved person’s rights must be complemented according to the trends in European Union on the conception of the aggrieved status during the criminal procedure, in order that the implementation of the aggrieved rights firstly would depend on the will of the aggrieved himself and not on the intention of other people, and in order to unify them. It is essential to constantly improve the social-legal security system, which would guaranty the victims of crime the versatile state support in social, legal, material and other fields and would help them to take the proper (underlying) place in the activity of law enforcement institutions.