Slapto pobūdžio procesinės prievartos priemonės (ikiteisminio tyrimo veiksmo) samprata
In 2003 new criminal legislation – the Criminal Code of the Republic of Lithuania and the Code of Criminal Procedure of the Republic of Lithuania – became valid in Lithuania. Invoking the best legal procedural measures of Western Europe and paying attention to the standards of protection of human rights, principles of criminal procedure, especially of organic law, this new criminal legislation was aimed at reestablishment of legal regulations of qualification of criminal acts, their disclosure through procedural coercive measures of non-public character. Legal doctrine does not broadly deal with the conception and contents of procedural coercive measures of non-public character, notional reasoning of factual data sufficiency while employing procedural coercive measures of non-public character. In practice pre-trial investigation institutions, prosecutor‘s offices while investigating criminal acts, as well as a pre-trial investigation judge, while investigating the request of the prosecutor concerning the employment of the procedural coercive measure of non-public character while investigating criminal acts, judges examining the criminal cases at courts of general jurisdiction face many problems such as if there is enough data to take an order enabling to apply a procedural coercive measure of non-public character; what requirements these data must satisfy so as to count that there is enough of them. The rulings of the Constitutional Court of the Republic of Lithuania, the uniform practice ensured by the Supreme Court of Lithuania as well as decisions in cases made by the European Court of Human Rights have a great impact on shaping the uniform practice for the issues indicated above for the application of procedural coercive measures of non-public character. Employing the systematic, grammatical, comparative, historical means of explaining the contents of particular legislation of criminal procedure, results of empirical investigation, the article deals with the conception of procedural coercive measures of non-public character, notional reasoning of data sufficiency in application of procedural coercive measures of non-public character, particular procedural coercive measures of non-public character are revealed, namely, the contents of the acts of pre-trial investigation officers without disclosure of their identity.
- Straipsniai / Articles