Problems of the Application of Recourse Against a Person Who Has Caused Damage by Illegal Acts in Criminal Proceedings: The Case of Lithuania

Q3 Social Sciences

Baltic Journal of Law and Politics Pub Date : 2022-10-01 DOI:10.2478/bjlp-2022-0002

Edita Gruodytė, Marijus Šalčius

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引用次数: 0

Abstract

Abstract The need to compensate for material and moral damage caused to a person is a constitutional principle, which is implemented in Article 6.272 of the Civil Code of the Republic of Lithuania, establishing the non-contractual liability of the State for damage caused by pre-trial investigation officers, a prosecutor, a judge, or a court (hereinafter referred to as the “Officials”). Furthermore, Article 6.272(4) of the Civil Code provides that if the damage is caused by the intentional actions of the Officials, the State shall acquire the right of recourse in accordance with the procedure laid down by law. In Lithuania, the number of cases of compensation for damage caused by unlawful acts of the Officials is increasing, while the recourse procedure has not yet been applied even though 20 years have passed since the above-mentioned rule of the Civil Code came into force. The authors of the article search for the answer why the recourse procedure is not applied in practice by analysing the legal regulation of the regression and the content of intentional fault using theoretical, comparative, linguistic, historical, jurisprudence analysis, and related legal methods.

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刑事诉讼中对违法行为人追索权的适用问题——以立陶宛为例

对个人造成的物质和精神损害进行赔偿是一项宪法原则，《立陶宛共和国民法典》第6.272条规定了国家对预审调查人员、检察官、法官或法院(以下简称“官员”)造成的损害承担非合同责任。此外，《民法典》第6.272(4)条规定，如果损害是由官员的故意行为造成的，国家应根据法律规定的程序获得追索权。在立陶宛，对官员的非法行为所造成的损害进行赔偿的案件数目正在增加，尽管《民法典》的上述规则生效以来已经过去了20年，但仍未适用追索程序。本文运用理论分析、比较学分析、语言学分析、历史学分析、法理学分析等相关法学方法，对故意过错回归的法律规制和内容进行了分析，以寻求追索程序在实践中不适用的答案。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Baltic Journal of Law and Politics Social Sciences-Law

CiteScore

0.70

自引率

0.00%

发文量

审稿时长

12 weeks

期刊介绍： Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.