Baudžiamosios bylos nekėlimo institutas: procesinis reglamentavimas ir taikymo problemos

Abstract

Several years ago, the Criminal Process Code of the Republic of Lithuania was supplemented with two articles: 9¹ “ Discharge from a Criminal Case or Dismissal of the Case when the Perpetrator and the Victim Reconcile” and 9² “ Discharge from a Criminal Case or Dismissal of the Case to a Person who Assisted in Detection of Organised Crime Group or Criminal Activities of an Illegal Unification”. The Criminal Code includes a completely new legal institute – discharge from a criminal case – which, unfortunately, remained unnoticed in scientific literature. In this article, some gaps and not fully regulated issues that come to surface when applying the norms in procedural activities are discussed. Moreover, the author points out that among the discussed norms there are certain contradictions to some principles and objectives of criminal law and criminal process. Additionally, the author is trying to reveal the reasons for the grounding not to bring a criminal case to court or to dismiss it when it already has been brought.