The Challenges of the Presumption of Innocence in Lithuanian Criminal Proceedings

Abstract

Abstract Although one of the key principles of the criminal procedure law - the presumption of innocence is officially declared as an aspiration in Lithuanian legal regulation and case law, there are still some areas of possible threat to this key principle. Therefore, the purpose of this research paper is to identify and analyse specific problems of ensuring the presumption of innocence in Lithuanian criminal law and criminal procedure law. So, the analysis was based on three main questions: the difficulties of ensuring the presumption of innocence in the Lithuanian criminal procedural law and Lithuanian criminal law and in the context of media. The research was carried out by employing the logical, the systematic, the linguistic, the historical, the comparative and the synthesizing research methods as well as the analysis of legal documents. The results of research analysis revealed specific areas that pose the greatest threat to violation of the presumption of innocence, as grounds for the termination of a criminal case; the general basis for issuing a preventive measure (arrest); complicity where the accomplices are tried in separate cases and media statements that have a direct impact on the impartiality of judges.