Diskrecinio baudžiamojo persekiojimo ir atleidimo nuo baudžiamosios atsakomybės santykis.
The problems analyzed in the article are connected to the discretionary procesution. The marked tendency of the new Criminal Procedure Code is that there are wide possibilities for terminating the pre-trial investigation (Article 212 of CCP). Similar to many European countries, the use of the principle of expediency in prosecution is constantly increasing in Lithuania. In different countries 15-75 % of cases in which a perpetrator is known, and which can be handed over to the court are terminated by the prosecutor (or other competent officer) who uses his right of discretion. Advantages and disadvantages of discrete forms of prosecution have been discussed extensively and thoroughly. However, if regulations are not set properly various dangers may arise. The analyses of national legal acts, especially the Criminal Code and Criminal Procedure Code, points to certain problems of the regulation of the discretionary prosecution. The article analyzes the relation of principles of the criminal procedure and the discretional prosecution. Article 6 (1) of the European Convention declares that „everyone is entitled to a fair and public hearing". The discretional decisions basically are made by the prosecutors. Two guarantees of fair procedure are discussed.
- Articles / Straipsniai