Particularity Action as Instigation of Pre–Trial Investigation Stage
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Abstract
This article is devoted to pre–judicial investigation of criminal actions and is concrete for a stage started pre–judicial investigation. In spite of the fact that changed criminal procedure of Lithuania does not provide, before working, stages of excitation of criminal case, in practice the beginning of pre-judicial investigation became a reconstruction of a stage of excitation of criminal case. In given article the analysis of a developed normative situation is resulted.
The purpose of given article – to study norms of the criminal procedure, regulating started pre-judicial investigation, with the purpose of search of optimum introduction of norms of practical process. In article more all base on the scientific articles printed in periodicals, on articles which have been let out by periodicals of Department of Police and conclusions of executed generalizations of the State Office of Public Prosecutor.
So, those relations which develop during pre–judicial investigation between various participants of criminal procedure, and are object of our research.
In the article others are considered also connected with the beginning of pre–judicial investigation of a problem: the organization of pre–judicial investigation, information interchange between the official of pre– judicial investigation and the public prosecutor, use of the operative information in the beginning of pre–judicial investigation, etc., are investigated in theoretical.
Not scientific criminalists and criminal procedure discuss the first year concerning the optimum beginning of pre–judicial investigation. Before discussion a stage of excitation of criminal case concerned. In this discussion practical workers wanted to achieve greater freedom at the initial stage of investigation of a crime and suggested to expand a circle of actions which they could carry out before excitation of criminal case. In changed conditions of regulation of criminal procedure this problem has not disappeared. It is possible to assert safely, that after 2003 problems on this question has increased, namely: a question of concept of a stage of the beginning of pre–judicial investigation, an opportunity of performance of verifying actions, an opportunity of performance of actions in the beginning of pre–judicial investigation, the coordination of norms of criminal procedure and other statutory acts at this stage, etc.
The purpose of given article – to study norms of the criminal procedure, regulating started pre-judicial investigation, with the purpose of search of optimum introduction of norms of practical process. In article more all base on the scientific articles printed in periodicals, on articles which have been let out by periodicals of Department of Police and conclusions of executed generalizations of the State Office of Public Prosecutor.
So, those relations which develop during pre–judicial investigation between various participants of criminal procedure, and are object of our research.
In the article others are considered also connected with the beginning of pre–judicial investigation of a problem: the organization of pre–judicial investigation, information interchange between the official of pre– judicial investigation and the public prosecutor, use of the operative information in the beginning of pre–judicial investigation, etc., are investigated in theoretical.
Not scientific criminalists and criminal procedure discuss the first year concerning the optimum beginning of pre–judicial investigation. Before discussion a stage of excitation of criminal case concerned. In this discussion practical workers wanted to achieve greater freedom at the initial stage of investigation of a crime and suggested to expand a circle of actions which they could carry out before excitation of criminal case. In changed conditions of regulation of criminal procedure this problem has not disappeared. It is possible to assert safely, that after 2003 problems on this question has increased, namely: a question of concept of a stage of the beginning of pre–judicial investigation, an opportunity of performance of verifying actions, an opportunity of performance of actions in the beginning of pre–judicial investigation, the coordination of norms of criminal procedure and other statutory acts at this stage, etc.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.