Ikiteisminio tyrimo teisėjas - žmogaus teisių garantas.
In all states, human rights have historical and cultural roots, but nowadays the protection of human rights constitutes one of the most important tasks of penal procedure (as well as other fields of law). Matters that fall under criminal procedure are particularly subject to the threat of human rights violations. To prevent them and at the same time to protect the parties to the proceedings from uncontrolled decisions of public officials, the institute of a pre-trial judge was introduced in criminal procedure. The model of the institution of a pre-trial judge was introduced in criminal procedure by the 1808 Criminal investigation Code (Le Code D,instruction criminelle), which replaced the inquisitorial procedure, which meant that the function of crime investigation was transferred to a pre-trial judge (who was still a public official). This separated the functions of investigation and prosecution. However, in practice the importance of the prosecutor’s office to a pre-trial judge was so great that the new model had little difference from inquisitorial procedure. Nowadays the institute of pre-trial judge exists in practically all procedures of morphological type; analogous institutes can be found worldwide, however the judge’s procedural status and functions are determined by the dominant principles of national law. The institute of pre-trial judge in criminal procedure is an important safeguard of human rights...
- Articles / Straipsniai