Baudžiamojo proceso vystymosi tendencijos po 2003 m. Lietuvos Respublikos baudžiamojo proceso kodekso įsigaliojimo

Abstract

The article deals with some theoretical and practical aspects of the preparation and approval of the code of criminal procedure of the Republic of Lithuania and the trends of development of the criminal procedure after 01-05-2003. It is established that thirteen packages amending and supplementing the CCC have been made in four years. This resulted in amendment of almost half of the Code. The article emphasizes that particularly precise and meticulous amendments have been made regulating the phases of court proceedings. Summarizing the changes of the rules of criminal procedure during the last four years, the article states that the essential reform of the stage of pre-trial investigation has been delayed. The author identifies the following issues that still need to be improved in the Code of Criminal Procedure: the procedural functions of the investigator, his supervisor, prosecutor, pre-trial judge their inter-relationships need to be clarified; the regulation of evidence must be improved; the legal status of the participants of the criminal procedure should be enhanced, a new regulation of the general part of the CCC and the regulation of the pre-trial procedure should be adopted. The CCC should also include at least a minor possibility of the public‘s involvement in the criminal proceedings.