Teismo kompetencija keisti inkriminuojamos veikos kvalifikavimą
Powers of Trial Court to re-qualify acts Incriminated by Prosecution

Summary/Abstract: The article provides at length an exploration of cases when an accused should be informed in advance about possible re-qualification of incriminated deed by trial court. This is fulfilled by analysis of foreign and international law, practice of the European Court of Human Rights and the Supreme Court of Lithuania. Similarities and differences between Anglo-American legal tradition and jurisprudence of the former Court are shown. It is revealed what are the cases under the articles 255 and 256 of the Code of Criminal Procedure and that such cases are not sole. The information shall also be provided when by the re-qualification a new legal element is applied which conditions the criminality of the deed. It is proposed to stipulate that the information about possible re-qualification should be provided in other cases, not mandatory under the European Convention of Human Rights, too. The provisions of the Code should be elaborated accordingly.

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