Sulaikymas bei kardomoji priemonė pagal Lietuvos įstatymus iki 2001 metų ir Europos Žmogaus teisių konvenciją
Arrest and bail under Lithuanian law pre-2001 and the European Human Rights convention

Summary/Abstract: ARREST AND BAIL UNDER LITHUANIAN LAW PRE-2001 AND THE EUROPEAN HUMAN RIGHTS CONVENTION On the 27th of April 1995 Lithuania ratified the European Convention on Human Rights. Nevertheless the Convention is still not fully functioning there. In 1995 the Constitutional Court of Lithuania decided that the European Convention could not be directly implemented in Lithuania. Author investigates how the legal acts of Lithuania conform to the Convention and finds out the contradictions, specifically in the fields of arrest and provisional detention of the person, being the concepts of the criminal law of Lithuania. The Convention demands that the arrested person should be immediately delivered to court. There exist no such requirement in the criminal law of Lithuania – it is allowed not to deliver arrested person to court. Furthermore, the aims of the arrest, as defined in the criminal law of Lithuania, are not clear and are not in conformity with the only aim defined in the Convention; it is almost impossible to appeal the illegal arrest. The author suggests that Lithuania should change its law and legal practice as soon as possible. Otherwise it can loose a lot of cases in the European Court of Human Rights in Strasbourg.

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