Privatus kaltinimas kaip dispozityvumo principo realizavimo forma

Abstract

Theme of final work of the master is \"Private accusation as the form of realization of a principle of a disposition\". The present work considers process of affairs of private accusation in aspect of a principle of a disposition. It is found out: What place in this process is occupied the victim and his legal representative, is studied the opportunity of realization of their rights stipulated by the law, is analyzed also the status of the legal person in affairs on private accusation, is studied influence of the judge in decisions of an affairs on private accusation, within the framework of this process are examined the opportunities of the cassation appeal of the accepted judicial verdicts and of judicial definitions. Finding out the purposes and problems of the introduction of work was executed the empirical investigation which respondents of the judge, public prosecutors, defenders and private prosecutors from city of Klaipeda, areas Klaipedas and Кretinga. Having executed investigation it was established, that in practice - the persons injured from actions of private accusation, without the help of the legal representative (lawyer), don’t have the opportunity accordingly to realize functions of a private prosecutor during the process of private accusation. We offer to the person injured of criminal actions, stipulated under article 407 of the Criminal Remedial Code of Lithuanian Republic, to provide a legal aid guaranteed by the state not only in that case, when the person recognizes as the victim on decisions of court but also itself injured to bring an action the complaint of private accusation or the application. In the new Criminal Remedial Code the institute of private accusation is improved. However during research it was established, that in this process the status of the legal person is not clear, the sense \"public interest\" is not clear determined. Because of an insufficient regulation of these norms, procedural rights of participants are limited. Pursuing the purpose: to avoid these complexities in practice - is offered to define particularly the status of the legal person in this process and to formulate particularly the sense of public interests. During research it is established, that the judge examining the case has this process powerful value. Therefore paying attention to specificity of private accusation, we offer to provide specialization intermediaries to examine affairs on private accusations up to the decision to transfer the complaint for consideration at session of court.