Controversial Issues of Detention corresponding to Ultimum Remedium Principle Cover Image

Suėmimo atitikties ultimum remedium principui diskusiniai klausimai
Controversial Issues of Detention corresponding to Ultimum Remedium Principle

Author(s): Raimundas Jurka, Marina Gušauskienė
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Lietuvos teisės institutas

Summary/Abstract: The article is dedicated to the problematic issues of detention corresponding to ultimum remedium principle. On the grounds of the analysis, the article discovers definition and basic requirements of before mentioned principle. There is also a statement made, that person‘s right to question the detention corresponding to this principle, i. e. its grounds and lawfulness, is not fully guaranteed after the time limits for appealing an institute of detention have expired in the criminal proceedings. The authors draw conclusion, that legal regulation of detention instituting mechanism during the whole stages of criminal proceedings is not appropriate and effective in the context of human rights and freedoms protection. This is a reason to take any necessary instruments to optimize current legal regulation.

  • Issue Year: 2009
  • Issue No: 64 (2)
  • Page Range: 62-80
  • Page Count: 19
  • Language: Lithuanian