Alternatyvūs baudžiamojo konflikto sprendimo būdai nagrinėjant bylą teisme

Abstract

The article analyses the procedure of dismissing a criminal case in court by which a court exercises its right to release a suspected individual fr om criminal responsibility, i. e. from pronouncing him/her guilty and from imposing a punishment on him/her. It is recognized that modern criminal proceedings embrace a wide range of procedural forms, expanding the opportunities for the application of simplified forms of criminal proceedings. The exercise of the discretionary criminal prosecution as an expression of the principle of opportunity is most effective before the trial. However, even after the case reaches the court, the court should be afforded an opportunity to apply alternative methods of resolving a criminal conflict instead of passing a sentence. However, a question arises as to whether a decision to dismiss a case is in line with the classical principles of criminal proceedings in cases wh ere sufficient evidence is collected to establish that the accused has committed a crime.