The function of measures of coercion that are applied on the basis of breach of criminal procedure

Rima Ažubalytė, Egidijus Losis

Abstract


The article discusses the aims and functions of measures of coercion in criminal procedure. Considering the aims of measures of coercion, the authors divide them into measures taken in order to collect information (evidence) and measures taken in order to secure undisturbed criminal procedure. Having differentiated the two, the article does not deal with the measures of coercion taken in order to collect information (evidence). The authors conclude that the measures for securing undisturbed criminal procedure play the role of sanctions, which can be implemented only when there is a breach of criminal procedure.
The authors analyze the elements of the implementation mechanism of coercive measures (hypothesis, disposition, and sanction), their essence, and the basis for their implementation. The authors conclude that a breach of criminal procedure is the basis to implement measures of coercion that perform the role of sanction. Measures of coercion – sanctions are classified into three groups according to different reaction of the state to the breach of the criminal procedure: 1) measures of coercion which aim at punishing the person who breached the rules of criminal procedure ; 2) measures of coercion which aim at prevention of the breach of the rules of criminal procedure; 3) measures of coercion which aim at securing (restoration) of the order of criminal procedure.
In the light of the performed research, the authors conclude that:
i. measures established in chapter IX and articles 140, 142, 151, 157, 389 of the Code of the Criminal Procedure of the Republic of Lithuania perform the function of sanctions that ensure that the participants of the procedure are treated according to the rules set in the Code of the Criminal Procedure of the Republic of Lithuania;
ii. the reaction of the state to the breach of criminal procedure by applying measures of coercion can be expressed in three different ways: a) punishing the person for the breach of the rules of criminal procedure; b) preventing the breach of criminal procedure; c) securing (restoring) the order of the breached criminal procedure.

Keywords


criminal procedure; measures of coercion; sanction; breach of criminal procedure

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236