Is the principle of full compensation for damages caused by a violation of criminal procedure ensured?

Abstract

The Lithuanian legal system is inseparable from the application of common legal standards with the values ​​implemented by the European Union. The trend of protecting human rights in the legal system is improving every year and striving for the highest possible results. Based on national and international laws and/or case law, the topic of the bachelor's thesis has a close connection with the assurance of this right and its implementation in the judicial system. The study focuses on Article 30 of the Constitution of Lithuania, the norms of the Civil and Criminal Procedure Codes, as well as international legal acts, with attention paid to Protocol 7 of the Convention on Human Rights and Fundamental Freedoms. The institute of compensation for damage due to illegal actions in criminal proceedings, which is imperatively established in the laws and the aspiration to compensate for the damage caused by ensuring the principle of full compensation for losses, is problematic in the Lithuanian judicial system, since there is an absolute difference between the damage claimed in the lawsuit and the damage awarded by the court.

In Lithuania, compensation for damage, both material and non-material, is based on monetary terms. Of course, the assessment of material damage is based on the objectively incurred loss, which is assessed using the monetary expression that actually occurred. However, moral compensation is often a considerable challenge for the court, since it is undeniable that in each individual case human values ​​are violated, the proper implementation of which raises the question - how much is the violated constitutional, moral or other internal value of the person really worth? This study analyzes the criteria on the basis of which the court fairly and adequately compensates for the damage caused, ensuring the principle of full compensation for losses. In the course of the study, both the concept of unlawful actions in criminal proceedings and the meaning of the principle of full compensation for losses and their application in an individual situation are discussed. For a more targeted analysis, the practice of national courts was used, which helped to highlight the existing problem. The main goal of the comparative analysis of foreign countries (Germany, Norway and Estonia) was to find out whether the practice existing in foreign countries, due to the fixed model of compensation for losses, would be a potential adaptation mechanism in the Lithuanian legal system.

The hypothesis put forward by the study was partially confirmed, that when assessing fixed or indicative amounts, their essence is important, which would reveal itself as additional assistance to the court, in forming unified case law, or more efficient work productivity of institutions, as well as adjusted compensation for damages, would encourage victims not to abuse the requested amounts or help them better understand the essence of the amount for the loss. However, it is doubtful whether this contributes to the implementation of ensuring human rights or delving into each individual situation, since a mechanically applied model lacks legal certainty or elementary morality.

The main purpose. To determine whether the criteria applied in Lithuanian court practice in compensation cases based on Article 6.272 of the Civil Code ensures the implementation of the full compensation principle.

Object of the Research. The issues of implementing the principle of full compensation in the context of Article 6.272 of the Civil Code.