Parengtinio (ikiteisminio) tyrimo duomenų paslaptis baudžiamajame procese

Abstract

The success of pre-trial investigation often depends on how long an official carrying out the pre-trial investigation is able to keep certain details of the investigation in secret. Early release of information about the pre-trial investigation still in process cannot only condemn the investigated case to failure, but also create conditions for violation of other persons’ rights. The secret of the preliminary (pre-trial) investigation is one of the procedural - legal measures that might help the official, who carries out preliminary investigation, to solve tasks of the pre-trial investigation, to assure successful investigation of a criminal case and to protect rights and legitimate interests of individual persons. The article briefly discusses secret of preliminary (pre-trial) investigation, content of such secret and its legal regulation. It also discloses reasons that impede effective application of such secret.
The article draws attention to the fact that publicity in the criminal procedure is traditionally understood and interpreted only in a narrow sense, i.e. as publicity of judicial investigation of criminal cases (and material of the decided criminal case), thus, acknowledging indirectly that publicity is not absolute and that it - publicity - does not cover the stage of preliminary (pre-trial) investigation. Although such a view is sufficiently grounded, it should not be forgotten, that publicity, as a separate principle of criminal procedure, shall be understood not only in a narrow, but also in a broad sense. Interpreting the principle of publicity in a broad sense, this principle shall also cover the stage of the preliminary (pre-trial) investigation. However, even evaluating the fact that the principle of publicity not only can, but must cover the stage of the preliminary (pre-trial) investigation, problems of content, extent and limits of the secret of preliminary (pre-trial) investigation data arise in the criminal procedure, as inflexible application of the principle of publicity in the stage of pre-trial investigation could not only help, but also hinder investigation of a crime. The author of the article comes to a conclusion that, while solving the problem concerning limits of the secret of preliminary (pre-trial) investigation data, an obligation not to make public data of pre-trial investigation and written engagement prohibiting to make public data of preliminary (pre-trial) investigation (in case, if preliminary investigation data is not aimed to protect other secrets), shall not be applied to the spouse of the suspect/accused and his/her closest relatives, i.e. those persons who have the right of refusal to give evidence, as well as the accused (suspect) himself/herself and his/her defender.