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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Kardomųjų priemonių sistema baudžiamajame procese: lyginamasis aspektas / System of the measures of constraint in criminal procedure: comparative aspect

Kursevičius, Marijus 19 December 2006 (has links)
Constitution provides inviolability of human rights and freedoms as fundamental value of modern civilization. Human rights and freedoms, however, should not be treated as absolute or immovable category. What should be realized and always emphasized is that any person has not only rights, but also obligations, which means that interests of individual can be lawfully defended only with due regard to the relevant rights of another person. If someone fails to respect and violates human rights of another person, then he renounces relevant part of his rights. And this may become a legitimate ground for restriction of the rights of offender. This paper doesn’t refer to restriction of human rights as a result of the effective judgment of conviction, but to situations, where the person is in detention, under arrest or his other rights are restricted because of being reasonably suspected of the criminal offence or there are reasonable grounds to believe that the person who committed criminal offence might flee or impede investigation, i.e. refers to measures of compulsion exercised by the State. One of such measures of compulsion are measures of constraint. This is the strictest form of compulsion exercised by the State in respect of individual, on whom punishment has not yet been imposed. This paper doesn’t make any detailed analysis of the grounds for or procedure of infliction thereof, as they are thoroughly and clearly regulated by the law on criminal procedure. This paper seeks... [to full text]

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