Ikiteisminio tyrimo pradėjimas kaip atskira baudžiamojo proceso stadija.
Due to the increasing number of criminal deeds, the workload is automatically rising for legal institutions which are making the investigation and which are not always capable of making the proper investigation. It brings a social conflict between legal institutions and the society. Legislator is forced to seek a social compromise, that is, to optimize the process by all possible means. One of the ways of optimizing the process had to be the refusal of the institute of criminal case as an action and as a stage. But whether the essence of the new criminal procedure law has changed after having changed the concepts? The aim of the author is to lodge the theoretical concept of the instigation of the pre-trial investigation, as a separate stage of a criminal procedure. For the attainment of the purpose the author investigates the concept of the stage of a criminal procedure and determines the characteristics of every stage. Further in the article the entity premises of the instigation stage of pre-trial investigation are analyzed, studying in depth the revised version of the criminal procedure code of the Republic of Lithuania, effective as of May 1, 2004, and, with the help of characteristics of every stage of criminal procedure, demarcating the stages of pre-trial investigation and the instigation of the pre-trial investigation. The significance of the instigation of pre-trial investigation, as a separate stage of criminal procedure, is analyzed, and the problematic aspects of legal regulations are emphasized.
- Articles / Straipsniai