Theoretical and Practical Aspects of Pre-Trial Investigation in Accelerated Procedure
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Abstract
Author analyses one of the latest amendments of Criminal Procedure Code of the Republic of Lithuania, done on 8th of July 2004, that in one or another way is relating to one of the two simplified criminal procedure forms – Accelerated procedure and its pre-trial investigation in particular. Also there are some other problems described which arise because of the contradiction between some of Accelerated procedure rules.
Three main questions about Accelerated procedure are put forward and the answers on a perspective of theoretical possibilities and practical application to them have been tried to be given, that is the extension of the period of pre-trial investigation from 5 to 10 days and its practical impact, then the possibility to apply Accelerated procedure to some serious crimes and finally, theoretical and practical problems of the Prosecutor’s possibility provided by the Criminal Procedure Code not to deliver any of pre-trial investigation material to the court.
Norms of Criminal Procedure Code that regulate Accelerated Procedure, legal acts of the Lithuanian High Court and of the Lithuanian Prosecutor General that aim to formulate the uniform practise of application of statutes in analysed field were chosen as main sources for this article. As a result of analysis the following conclusions have been drawn:
1. The extension of period of pre-trial investigation in Accelerated procedure has not made any significant impact to the statistics of application of this procedure in Lithuania.
2. The new possibility to apply Accelerated procedure to some serious crimes is already being applied by prosecutors and courts. It is too early to draw serious conclusions but at the time being it seems it is working quite well, at least sentenced persons do not tend to appeal judgments passed on them.
3. The prosecutor has very vague possibilities to charge the defendant in the court instituting the Accelerated Procedure without delivering to it any material of pre-trial investigation. This is because of the Criminal Procedure Code, which in this view is self-contradictory and also because of legal acts of the Lithuanian High Court and of the Lithuanian Prosecutor General, which even abridges its application. The author proposes appropriate amendments of the Criminal Procedure Code and suggests to amend the legal acts of the abovementioned institutions accordingly.
Three main questions about Accelerated procedure are put forward and the answers on a perspective of theoretical possibilities and practical application to them have been tried to be given, that is the extension of the period of pre-trial investigation from 5 to 10 days and its practical impact, then the possibility to apply Accelerated procedure to some serious crimes and finally, theoretical and practical problems of the Prosecutor’s possibility provided by the Criminal Procedure Code not to deliver any of pre-trial investigation material to the court.
Norms of Criminal Procedure Code that regulate Accelerated Procedure, legal acts of the Lithuanian High Court and of the Lithuanian Prosecutor General that aim to formulate the uniform practise of application of statutes in analysed field were chosen as main sources for this article. As a result of analysis the following conclusions have been drawn:
1. The extension of period of pre-trial investigation in Accelerated procedure has not made any significant impact to the statistics of application of this procedure in Lithuania.
2. The new possibility to apply Accelerated procedure to some serious crimes is already being applied by prosecutors and courts. It is too early to draw serious conclusions but at the time being it seems it is working quite well, at least sentenced persons do not tend to appeal judgments passed on them.
3. The prosecutor has very vague possibilities to charge the defendant in the court instituting the Accelerated Procedure without delivering to it any material of pre-trial investigation. This is because of the Criminal Procedure Code, which in this view is self-contradictory and also because of legal acts of the Lithuanian High Court and of the Lithuanian Prosecutor General, which even abridges its application. The author proposes appropriate amendments of the Criminal Procedure Code and suggests to amend the legal acts of the abovementioned institutions accordingly.
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Please see Copyright and Licence Agreement for further details.
