PROBLEMS REGARDING COMPENSATION FOR THE BREACH OF THE RIGHT TO CRIMINAL PROCEEDINGS WITHIN A REASONABLE TIME

Abstract

States have an obligation to ensure that criminal proceedings last for a reasonable time. If this obligation is not fulfilled, the
damage suffered by the person must be effectively compensated. This article aims to determine whether effective compensation for
violations of excessively long criminal proceedings is ensured in Lithuania. In order to achieve this goal, the legal regulation of Lithuania
is analyzed through the prism of the criteria formed by the ECtHR, and is compared with that of other EU countries. The research shows
that in other European countries, unlike in Lithuania, the right to compensation for damage caused by the excessively long duration of
criminal proceedings is directly enshrined in legal acts, or compensation is provided in accordance with special legal instruments. The
article reaches the conclusion that – although, in the ECtHR’s assessment, the practice of Lithuanian courts can be considered an effective
remedy for the protection of the right enshrined in Article 6 (1) of the ECHR – the legal regulation of Lithuania is insufficient. Considering
the position of international institutions and the practice of other European countries, the conclusions of this article suggest that the clear
and unambiguous right of a person to compensation for material and non-material damage caused by excessively long criminal proceedings
should be enshrined.