Ikiteisminio tyrimo teoriniai pagrindai.
In recent years a number of advantages have been achieved in searching for traces of a criminal offence, taking those traces, and methods and means of investigation have been improved. Nevertheless, regulations concerning the pre-trial investigation and the whole prosecution are not up to date in the sense that technical advantages are constantly being improved. Moreover, such regulations may often become an obstacle in developing the discussed field of law which really needs to be changed. While a traditional (very often - ritual) procedural form of a trial can be justified/approved due to society’s traditional approach and continuity of traditions, a pre-trial investigation of a case which is restricted by detailed regulations often becomes an obstacle while establishing the truth, finding the suspects and prosecuting dynamically and effectively. After a new Code of Criminal Procedure came into force on 1 May 2003, procedural forms of investigation of criminal offences used in interrogation and preliminary investigation and investigators with their authorizations were replaced by the pre-trial investigation and, correspondingly, officers of the pre-trial investigation. The problems of regulations of pre-trial investigations are discussed in the article. The author analyses the task of pre-trial investigation, also the principles of criminal procedure and the most important for pre-trial investigation aspects of their. Considering that joint action to accelerate and simplify the working of the criminal justice system must take due account of the requirements laid down in particular in Articles 5 and 6 of the European Convention on Human Rights.
- Straipsniai / Articles