Bylos nutraukimas nuosprendžiu ir nekaltumo prezumpcija: probleminiai aspektai tarptautinės ir konstitucinės teisės kontekste ; Discontinuation of the Criminal Case by Judgement and Presumption of Innocence: Problem Aspects in the Context of International and Constitutional Law
The article examines the problems arising in legal science and practice with regard to the compatibility of the wording of court judgments terminating criminal proceedings with the presumption of innocence, the possibility of finding that the defendant has committed a criminal offense and granting civil damages to the victim when criminal proceedings are terminated upon expiry of the statute of limitations, and the possibility to grant civil damages when the proceedings are terminated on the grounds of release from criminal liability. The purpose of the article is to assess whether the provisions of international law, European Union law and constitutional law can be interpreted as allowing the termination of a case in the above-mentioned manner. This objective is pursued through an analysis of the European Convention of Human Rights, International Covenant on Civil and Political Rights, the Charter of Fundamental Rights of the European Union and Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on strengthening certain aspects of presumption of innocence and the right to be presented at the trial in criminal proceedings, jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union, constitutions of Lithuania and other European states, rulings of Constitutional Courts. The article concludes that the principle of presumption of innocence enshrined in the European Convention on Human Rights does not in itself preclude a court terminating criminal proceedings for limitation, to find in the reasoning of the judgement that the accused has committed a criminal offense, and at the same time to grant civil damages to victim. Termination of proceedings in this way may be lawfully applied when the court examines the merits of the accusation, all questions of fact and law, guaranteeing all the rights of the defense, thus when the proceedings are discontinued after reaching the final phase of the ordinary hearing that is after the final speeches of the prosecution and defense (for example, by a judgment of the court of first instance). There is no sufficient basis to conclude that the other analyzed legal acts of international law and European Union law establish different requirements and prohibit to terminate proceedings in the specified way. The presumption of innocence enshrined in the Constitution of the Republic of Lithuania allows, and the constitutional right of victims to compensation, which must be effective, forms the basis for finding in the reasoning part of the judgment terminating proceedings rendered after full hearing of the case providing rights of defense that the defendant has committed incriminated offence and basis for satisfying civil claim of the victim whether the proceedings are terminated by applying a statute of limitations or releasing the defendant from criminal liability.
