Operatyvinės veiklos ir ikiteisminio tyrimo santykis

Abstract

In the Article, the provisions of the Criminal Proceedings Code of Republic of Lithuania, the Law on Surveillance Activities as well as other laws and by-laws of Republic of Lithuania on an establishment of the ratio between surveillance activities and pre-trial investigation are discussed upon. The tasks of surveillance activities and criminal proceedings are analyzed, the interrelation of these types of activities and the possibilities of their delimitation are stressed. The possibilities to apply separate forms of surveillance activities after starting pre-trial investigation as well as the related practical and theoretical problems are reviewed as well. The ratio between surveillance activities and pre-trial investigation is one of important elements of interrelation of surveillance activities and criminal proceeding. This problem is discussed both in the way of a general explanation of the interrelation between surveillance activities and criminal proceeding and in the way of explanation of the possibility to apply separate forms of surveillance activities after starting pre-trial investigation.
A considerable attention is paid to an establishment of the ratio of the means of proceeding compulsion provided in the Criminal Proceedings Code of Republic of Lithuania and the methods of surveillance activities consolidated in the Law on Surveillance Activities. Because the Criminal Proceedings Code of Republic of Lithuania does not provide the list of separate means of proceeding compulsion as well as their definitions and limits of their application, an analysis of the by-laws where the attempts to describe these issues in details are made is performed. An importance of the notion used in the Criminal Proceedings Code of Republic of Lithuania in a definition of separate means of proceeding compulsion as well as a necessity of an establishment of the limits of application of compulsion are stressed. Their lack is considerable both in laws and bylaws. On the analysis of the contents of one of the means of proceeding compulsion, the ratio of the establishment of the limits of proceeding compulsion with the possibility to restrict the human right to inviolability of personal life and a settlement of this problem on performance of surveillance actions with similar names are shown.
Contradictions of the Criminal Proceedings Code of Republic of Lithuania and the Law on Surveillance Activities as well as the by-laws on an establishment of the possibility to carry out surveillance actions after adoption of the decision on starting pre-trial investigation are discussed upon as well.