A Breach of Law of Criminal Procedure: Concept and Composition
##plugins.themes.bootstrap3.article.main##
Abstract
For the meantime in the science of law of criminal procedure of Lithuanian there have been no attempts to analyze features of breaches of law of criminal procedure systematically, as a unit, which is a necessary prerequisite for the recognition of a particular breach of law as a breach of law of criminal procedure. Such an analysis is presented in the article in cooperation with a structure of a composition of a breach of law recognized in the science of legal theory and branches of substantial law.
An analysis of features of a breach of law of criminal procedure supposes possibility to abstract and define all traditionally recognized elements of a composition of a breach of law: an object, an objective side, a subject and a subjective side.
A research of these elements of a composition of a breach of law of criminal procedure is important answering whether a law of criminal procedure has been violated by a particular action. Besides, it is important in dealing with problems of criminal procedural responsibility and imposition of procedural sanctions of criminal, eliminative and creative character.
An analysis of a composition of breaches of law of criminal procedure embodies to recognize that a breach of law of criminal procedure contains all common features of a breach of law, still it distinguishes by some particular features which characterize this kind of violations.
Referring to a contemporary concept of law, a breach of law of criminal procedure could be defined similarly to a concept of breach of law based on contemporary concept of law: a breach of law of criminal procedure is a possession of legal rules of criminal procedure of a subject of criminal procedure, still consciously refusing to accomplish his duties fulfillment of which is a necessary condition of legal usage of personal rights according to law.
A concept of a breach of law of criminal procedure partly encompasses a concept of procedural miscarriage (a narrow point of this concept), as much as it possesses actions not ascertaining directional purpose to violate legal rules of criminal procedure though negligence, misconduct, carelessness of a subject is recognized, i.e. guilty actions.
Activities which are straight contrary to law and law of criminal procedure as well, however committed without guilt, are not recognized as breaches of law of criminal procedure. These could be only attributed to the concept of a procedural miscarriage (in the wide sense of this concept).
An analysis of features of a breach of law of criminal procedure supposes possibility to abstract and define all traditionally recognized elements of a composition of a breach of law: an object, an objective side, a subject and a subjective side.
A research of these elements of a composition of a breach of law of criminal procedure is important answering whether a law of criminal procedure has been violated by a particular action. Besides, it is important in dealing with problems of criminal procedural responsibility and imposition of procedural sanctions of criminal, eliminative and creative character.
An analysis of a composition of breaches of law of criminal procedure embodies to recognize that a breach of law of criminal procedure contains all common features of a breach of law, still it distinguishes by some particular features which characterize this kind of violations.
Referring to a contemporary concept of law, a breach of law of criminal procedure could be defined similarly to a concept of breach of law based on contemporary concept of law: a breach of law of criminal procedure is a possession of legal rules of criminal procedure of a subject of criminal procedure, still consciously refusing to accomplish his duties fulfillment of which is a necessary condition of legal usage of personal rights according to law.
A concept of a breach of law of criminal procedure partly encompasses a concept of procedural miscarriage (a narrow point of this concept), as much as it possesses actions not ascertaining directional purpose to violate legal rules of criminal procedure though negligence, misconduct, carelessness of a subject is recognized, i.e. guilty actions.
Activities which are straight contrary to law and law of criminal procedure as well, however committed without guilt, are not recognized as breaches of law of criminal procedure. These could be only attributed to the concept of a procedural miscarriage (in the wide sense of this concept).
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
