Įpareigojimas gyventi skyrium nuo nukentėjusiojo: reglamentavimo ir taikymo problemos

Abstract

This graduation dissertation is written by theme: “Mandate for the suspect to live separately from the aggrieved: the problems of regulation and aiming” The key words of this theme are: measure of suppression, mandate to live separately, suspect. In this graduation dissertation we analyzed peculiarity, aspects of application and practical problems of measures of suppression – mandate for the suspect to live separately from the aggrieved. Construing the extent of constraint this measure of suppression is more gentle then for example detention or arrest to the room as the measure that only judge can assign. But by assigning this measure of suppression judges must solve the moral problem concerned the constitutional human rights. The main aim of this graduation dissertation is done. We analyzed complexically the system of measures of suppressions and pointed the necessity and connection with the human rights of the newest measures of suppression - mandate for the suspect to live separately from the aggrieved. And also we analyzed the practice of courts and delineated practical problems. We also suggested legal measures of improving the usage of this measure of suppression. For this graduation dissertation we formulated and solved these tasks: delineate the conception and connection of the measure of suppressions with the human rights; to determine the rising presumption and the necessity of mandate for the suspect to live separately from the aggrieved; to compare the older (1961) edition and the newest (2000) edition of the penal procedure code, analyzing the main provisions of the measures of suppression; to elaborate the penal procedure norms at the practice in prescription of measures of suppressions in foreign countries; to analyze the juridical acts, that regulates the mandate for the suspect to live separately from the aggrieved, in Lithuania; to analyze the main theoretical and practical problems in consolidation of the mandate for the suspect to live separately from the aggrieved, in Lithuania. The graduation dissertation consists of introduction, two main parts, seven sections, conclusion and the suggestions. At the end of this graduation dissertation there are perquisites and the list of the used literature sources.