Įrodymų rinkimo būdai baudžiamajame procese: lyginamasis aspektas

Abstract

Summary Proof is an important part of a criminal procedure. This procedure consists of few stages, one of which is evidence gathering, which means collecting important data for the case. Evidence gathering methods, the ways they are carried out determine whether the goals of a criminal procedure are reached, whether the human rights protection is ensured. By using comparison and historic comparative methods, this paper analyzes Lithuanian and foreign legal norms, doctrine, previously and presently valid Criminal Procedure Code of the Republic of Lithuania in order to examine evidence gathering methods in a criminal procedure. The paper also presents results of the research “Evidence gathering methods in the criminal procedure of the Republic of Lithuania “. The first part analyzes the conception of proof process, evidence gathering and evidence itself, because it is important while studying evidence gathering methods in a criminal procedure. Similarly, the issues of security of rights of evidence gathering subjects and evidence process participants are being discussed. The second part reveals the conception and classification of evidence gathering methods, presents different approaches to the issue. This paper follows the three-way evidence gathering classification: research actions, evidence exaction and evidence presentation, each of them analyzed separately later. The paper equally discusses alternative evidence gathering methods, operation information meaning and use in an evidence gathering process, other questions relative to the issue.