Development of criminal persecution affer the re-establishment of independence before passage of the Guidelines of Law System Reform (new version)
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Abstract
The following report presents the analysis of legal/ juridical as well as factual (real) situation in implementing criminal prosecution within the territory of the Republic of Lithuania after the restoration of independence until the ratification of the Draft of the Legislative Framework Reform / Draft of the Legal System Reform (new edition) in June, 1998.
The shift of preliminary investigation of criminal procedure, the institutions involved and exercising the inquiry, and the means by which the criminal prosecution was organized and implemented are the issues to be presented in the article as well. Due to considerably increased workload, low wages and vague future perspectives the major part of investigators and awkward squad officials with higher education and proficient experience chose a more „stabilised“ work. Thus, they started working as public procurators, lawyers, and barristers or applied their experience in the private sector. These people were replaced by personnel with little experience in criminal prosecution and lower education diploma or even by specialists from other fields. Generally such people only got basic training of interrogation process studies in short courses or were trained in the very workplace. On a basis of subdivisions of inquiry, subdivisions of investigation were established. The officials of the subdivisions of investigation were basically involved in commencing and continuing the investigation process until the real suspect was found.
Moreover, the report reviews discussions and opinions that prevailed concerning the reformation strategy of criminal process and the way it was implemented into practice. The primary results of practical work of institutions exercising preliminary investigation, the characteristics of officials implementing criminal prosecution are presented in the report as well. The comparison of the rules of law, institutes, subjects and other components that regulate criminal prosecution is overviewed through the principal of reciprocity.
The authors of the report came to the conclusion that after the restoration of independence of the Republic of Lithuania, the reorganization of criminal prosecution was performed in a consistent way embedding the sovereignty of the state. Progressive changes and additions were made in the legal reformation of criminal prosecution, especially in simplifying proceedings, introducing summary judgment procedure, reorganizing the institute of defence, regularizing the provisions of criminal codex with the Constitution of the Republic of Lithuania (adopted in 1992), strengthening defence against organized crime, contraband, and other types of increased crime. However, in isolated periods, practical implementation of the conception was not always consistent. Sometimes the opinion of lawyers, the data of scientific researchers were not taken into consideration. During 1990–1997, extensive debate prevailed in mass media and scientific legal literature concerning optimal reformation variants of criminal prosecution, and simplification of prosedure. Defended dissertations became a significant background in solving problems of criminal prosecution, however, not always these resources were regarded properly.
The shift of preliminary investigation of criminal procedure, the institutions involved and exercising the inquiry, and the means by which the criminal prosecution was organized and implemented are the issues to be presented in the article as well. Due to considerably increased workload, low wages and vague future perspectives the major part of investigators and awkward squad officials with higher education and proficient experience chose a more „stabilised“ work. Thus, they started working as public procurators, lawyers, and barristers or applied their experience in the private sector. These people were replaced by personnel with little experience in criminal prosecution and lower education diploma or even by specialists from other fields. Generally such people only got basic training of interrogation process studies in short courses or were trained in the very workplace. On a basis of subdivisions of inquiry, subdivisions of investigation were established. The officials of the subdivisions of investigation were basically involved in commencing and continuing the investigation process until the real suspect was found.
Moreover, the report reviews discussions and opinions that prevailed concerning the reformation strategy of criminal process and the way it was implemented into practice. The primary results of practical work of institutions exercising preliminary investigation, the characteristics of officials implementing criminal prosecution are presented in the report as well. The comparison of the rules of law, institutes, subjects and other components that regulate criminal prosecution is overviewed through the principal of reciprocity.
The authors of the report came to the conclusion that after the restoration of independence of the Republic of Lithuania, the reorganization of criminal prosecution was performed in a consistent way embedding the sovereignty of the state. Progressive changes and additions were made in the legal reformation of criminal prosecution, especially in simplifying proceedings, introducing summary judgment procedure, reorganizing the institute of defence, regularizing the provisions of criminal codex with the Constitution of the Republic of Lithuania (adopted in 1992), strengthening defence against organized crime, contraband, and other types of increased crime. However, in isolated periods, practical implementation of the conception was not always consistent. Sometimes the opinion of lawyers, the data of scientific researchers were not taken into consideration. During 1990–1997, extensive debate prevailed in mass media and scientific legal literature concerning optimal reformation variants of criminal prosecution, and simplification of prosedure. Defended dissertations became a significant background in solving problems of criminal prosecution, however, not always these resources were regarded properly.
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Please see Copyright and Licence Agreement for further details.
