Gynybos baudžiamajame procese pagrindai: Mokslo monografija. Antroji Dalis

Abstract

This monograph continues the research on criminal procedure that started five years ago (Merkevičius, 2018). It focuses on one of the most important practical procedural institutions – “defence in criminal proceedings”. There is lack of deeper analysis of said institution of criminal procedure law in Lithuania. For user-friendly reference, this scientific monograph is divided into two parts. The first part of the book covers the basics of defence in criminal proceedings: the discourse on defence lawyers (attorneys), the historical background and development of “professional criminal defence” in criminal proceedings, its constitutional basis, the designation, aim and functions of the defence lawyer’s participation in criminal proceedings, the defence lawyer’s relations with the key subjects of criminal procedure, the content (essence) of defence, its concept (strategy or methodology), the objectives, positions and methods of defence, as well as the general concept of the rights of the defence lawyer, and broader analysis of two rights of the defence lawyer that are relevant to defence practice: the right to meaningful access to their clients in private before, during and after the hearings or any procedural action and the right to have access to the pre-trial investigation materials and the criminal case. The second part continues the analysis of the most important rights of the defence lawyer. It discusses the defence lawyer’s right to be present during the investigative or evidence-gathering acts performed by law-enforcement authorities (e.g. interviews or searches) and procedural decisions (e.g. when remanding the defendant in custody), the right to conduct an independent investigation (to collect evidentiary data necessary for the defence) and the right (or obligation) to make a closing statement. This section also focuses on the principles of the trial (hearings) that are most important for the defence.