The Problems of Realization of the Principle of Competitiveness of the Parties in the New Criminal Code of Lithuania
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Abstract
Expansion of application of the principle of competitiveness of the parties in criminal procedure is inseparably linked with the issue of assignment of examination in the stage of pre-judicial investigation.
The analysis of norms of the procedural criminal Code of the Lithuanian Republic regulating the order of assignment of examination in a criminal case, gives the basis to believe, that the examination is not accessible means of defence. Such a position does not allow the defender to collect independently necessary for protection data, which the defender can receive without application of measures of remedial compulsion. It is seen in it an original obstacle to discharge of professional duties by the defender.
Besides the lawyer, deprived opportunities to address directly to court the request for assignment of examination in the case, becomes unreasonably dependent from the party of accusation. Therefore the purpose and tasks of the present work are to prepare offers on expansion of application of the principle of competitiveness in the stage of pre-court investigation and to resolve the problem fragmentarily, by granting to the lawyer of the greater independence in collecting the data necessary for protection which he can obtain without application of measures of remedial compulsion
The analysis of norms of the procedural criminal Code of the Lithuanian Republic regulating the order of assignment of examination in a criminal case, gives the basis to believe, that the examination is not accessible means of defence. Such a position does not allow the defender to collect independently necessary for protection data, which the defender can receive without application of measures of remedial compulsion. It is seen in it an original obstacle to discharge of professional duties by the defender.
Besides the lawyer, deprived opportunities to address directly to court the request for assignment of examination in the case, becomes unreasonably dependent from the party of accusation. Therefore the purpose and tasks of the present work are to prepare offers on expansion of application of the principle of competitiveness in the stage of pre-court investigation and to resolve the problem fragmentarily, by granting to the lawyer of the greater independence in collecting the data necessary for protection which he can obtain without application of measures of remedial compulsion
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Please see Copyright and Licence Agreement for further details.
