The Essentials Problems of the Bylaw Juridical Regulation of Operational Activities and Pre-Trial Investigation
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Abstract
The problems of the relationship of operational activities and pre-trial investigation are analyzed in this article. The solution to the problems of contradictions of the Criminal Proceedings Code and the Law on Operational Activities has been provided by the parliament of Lithuania. On October 29, in 2002 the parliament of Lithuania passed the Law on the implementation of the new Criminal Code, Criminal Proceedings Code and Penitentiary Code. The rule of this Law indicated that other acts of Law must conform to the new Criminal Code, Criminal Proceedings Code and Penitentiary Code. However, solving the problems of the relationship of operational activities and pre-trial investigation by passing the bylaw of the Republic of Lithuania, it occurred that there is one more problem of the proper estimate Lithuanian system of justice and law enforcement through the attitude of the conception of the nowadays law.
The author of this article claimed that guidelines of the Attorney General’s of the Republic of Lithuania the ones he approved on June 26, in 2003 are more important than the Law. These guidelines have restricted the implementation of the Law on Operational Activities after starting pre-trial investigation. Guidelines have also changed a few provisions of the Criminal Proceedings Code of the Republic of Lithuania. The author has confirmed this opinion through analyzing particular articles of the Law on Operational Activities and the Criminal Proceedings Code. The author has analyzed the guidelines of the Attorney General’s of the Republic of Lithuania too.
The study also showed the impact on the existing juridical regulation of some issues of the relationship of operational activities and pre-trial investigation to the practical criminal investigation. The author has paid considerable attention to the problems of entitling analogical actions of criminal investigators as different juridical terms. The author has also speculated about the possible problems in the area of the warranty of human rights according to the existing indetermination.
The author of this article claimed that guidelines of the Attorney General’s of the Republic of Lithuania the ones he approved on June 26, in 2003 are more important than the Law. These guidelines have restricted the implementation of the Law on Operational Activities after starting pre-trial investigation. Guidelines have also changed a few provisions of the Criminal Proceedings Code of the Republic of Lithuania. The author has confirmed this opinion through analyzing particular articles of the Law on Operational Activities and the Criminal Proceedings Code. The author has analyzed the guidelines of the Attorney General’s of the Republic of Lithuania too.
The study also showed the impact on the existing juridical regulation of some issues of the relationship of operational activities and pre-trial investigation to the practical criminal investigation. The author has paid considerable attention to the problems of entitling analogical actions of criminal investigators as different juridical terms. The author has also speculated about the possible problems in the area of the warranty of human rights according to the existing indetermination.
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Please see Copyright and Licence Agreement for further details.
