Teisės į gynybą principo realizavimo galimybės ikiteisminiame tyrime

Abstract

The idea of the final work is topical and scientifically new because many scientific works about the right to defense are not dealing with this particular question in connection with defense realization in pretrial investigation process. In this work plenty of opinions are systematized, generalized and presented in an integral work discussing defense possibilities in pretrial investigation. Using comparative method, international law acts, individual law systems of Lithuania and other countries regulating realization of defense right realization in prosecution and defense possibilities in pretrial investigation are compared and estimated. Using analysis, international law acts and Lithuanian law, connected with right to defense and possibility to pretrial defense implementation are discussed. Enquiry results (50 suspects and defendants were questioned) and problems connected with defense possibilities in pretrial investigation are analyzed as well. This final work deals with the analysis of defense possibilities in pretrial investigation. First of all, trying to achieve comprehensive and consequent research of the topic, the content of right to defense principle is presented. Afterwards, advocate's possibilities in pretrial investigation process are discussed. Also, the work deals with the relation of the defense side and the pleader in the process seeking to warrant right to defense and choose pleader to reduce misunderstanding cases between these two sides. The final part of the work presents analysis of theoretical material, conclusions of empirical investigation and recommendations how to solve problems connected with defense possibilities in pretrial investigation.