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 showsthat 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.

Keywords

• criminal procedure
• tort liability
• infringement of criminal procedure
• compensation for damages
• criminal proceedings within a reasonable time