The Pre-Trial Investigation after the Ratification of the Minutes of the Legislative Framework Reform
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Abstract
The authors of the article presented the development of criminal prosecution after the restoration of independence of the Republic of Lithuania until the ratification of the Minutes of the Legislative Framework Reform (new edition) in June, 1998. The subsequent period was no less dynamic and significant, which demanded further substantial studies to be conducted. This period saw various changes in the legal – process regulation of criminal prosecution as well as was marked by variety of amendments of practical activities of institutions responsible for the implementation of criminal prosecution. In addition, the results of scientific activities of criminal prosecution executed a direct influence upon the development of the criminal procedure system. The Code of Criminal Procedure (further – CCP) was shifted, adding new changes and annexes, thus, the original content and „spirit“ of the „Soviet“ version of the CCP had totally been transformed, whereas drafting a new Code had prolonged. Thus, the following report analyses the subsequent key amendments of the Law on Criminal Prosecution, their influence of organization and implementation of the pre-trial investigation, the reorganization of investigation institutions and public procurators, changes of structure, the results of practical activities. The new Draft Code of Criminal Procedure of the Republic of Lithuania and other related issues saw consistent consideration, enactment, and implementation.
The whole reform period of the pre-trial investigation from the restoration of independence of the Republic of Lithuania until the present day is analysed into the following periods that are substantiated by certain criteria and conclusions:
1. Since March 11, 1990 until the ratification of the Minutes of the Legislative Framework Reform. This period was marked by the demarcation from the Soviet Union legal-structural system, the improvement of the criminal process, discussions and opinions concerning the reorganization of criminal prosecution.
2. Since June, 1993 until 1998. The period was marked by laying emphasis on the practical implementation of the procedural activities, the improvement of legal regulations, the reorganization of institutions without pursuance on the Minutes of the Legislative Framework Reform.
3. Since 1999 until April 2003. The period when new Codes of Criminal Procedure were drafted and adopted hastily, unreasonably ignoring the opinion of others (legal literature, mass media, opinion expressed in debates, scientific researches and other sources). At the same time, due to effective initiative of practical legal institutions, significant amendments and annexes to the CCP were adopted and reorganizations of legal institutions were performed which formed the background to organize a more effectual criminal prosecution.
4. Since May 2003 and forecasting the future perspectives. The period marked by correction of inaccuracies and other gaps made in the regulation of legal criminal prosecution and improvement of a more fluent organization of practical activities.
The whole reform period of the pre-trial investigation from the restoration of independence of the Republic of Lithuania until the present day is analysed into the following periods that are substantiated by certain criteria and conclusions:
1. Since March 11, 1990 until the ratification of the Minutes of the Legislative Framework Reform. This period was marked by the demarcation from the Soviet Union legal-structural system, the improvement of the criminal process, discussions and opinions concerning the reorganization of criminal prosecution.
2. Since June, 1993 until 1998. The period was marked by laying emphasis on the practical implementation of the procedural activities, the improvement of legal regulations, the reorganization of institutions without pursuance on the Minutes of the Legislative Framework Reform.
3. Since 1999 until April 2003. The period when new Codes of Criminal Procedure were drafted and adopted hastily, unreasonably ignoring the opinion of others (legal literature, mass media, opinion expressed in debates, scientific researches and other sources). At the same time, due to effective initiative of practical legal institutions, significant amendments and annexes to the CCP were adopted and reorganizations of legal institutions were performed which formed the background to organize a more effectual criminal prosecution.
4. Since May 2003 and forecasting the future perspectives. The period marked by correction of inaccuracies and other gaps made in the regulation of legal criminal prosecution and improvement of a more fluent organization of practical activities.
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Please see Copyright and Licence Agreement for further details.
