Elektroninis stebėjimas (intensyvi priežiūra) kaip teisės būti laisvam baudžiamajame procese prielaida - PhDData

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Elektroninis stebėjimas (intensyvi priežiūra) kaip teisės būti laisvam baudžiamajame procese prielaida

The thesis was published by Žentelytė, Ieva, in September 2023, Mykolas Romeris University.

Abstract:

The main purpose of this thesis is to analyse the possibilities of electronic monitoring for the exercise of the right to be at liberty, with a view to proposing ways of improving its regulation and application in case law. The dissertation analyses the right to be at liberty and the presumption in favour of release, the concept of electronic monitoring and the gaps in the legal regulation and practical application of electronic monitoring. The dissertation reveals that electronic monitoring is a prerequisite for the realisation of the right to be at liberty of a suspect or accused person, when the extent of the restriction of liberty caused by this detention coercive measure is a restriction of liberty, and the application of this measure is based on principle of minimum intervention. The existing legal framework for electronic monitoring has legal gaps which may cause to violations of proportionality, legality, equality, pretrial detention as an ultima ratio and the right to be at liberty.



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