Formalieji ir vertinamieji požymiai taikant supaprastintą baudžiamąją procesinę formą

Abstract

The present article analyses two important features and their relation in a simplified criminal procedure. The author tries to group them into formal features, which are a subject of the Criminal Law, and evaluative features, which are a subject of the Criminal Procedure Law. Formal features are included into the list or specific categories of crimes which pursuant to the Code of Criminal Procedure can be investigated according to the rules of the simplified criminal procedure. Evaluative features mean that the specific crime that falls into above mentioned list or category is flagrant (the circumstances of its commitment are clear), an accused pleads guilty or there are other factors which usually determine more simple criminal procedure. The Summary Procedure that is presently in force, the Procedure of Penal Order of Court and Expedited Procedure that are regulated in the new Code of Criminal Procedure are further analysed in the context of the features mentioned above. The author draws a conclusion that the new Code of Criminal Procedure together with the new contents of formal and evaluative features enormously enlarges the possibilities of applying the simplified criminal procedure and for the Prosecutor to choose one of the said forms. However some of the terms like „clarity of circumstances of committing a crime“ are not clear enough. Thus some problems may arise in the future practice.