LENGTH OF CRIMINAL PROCEEDINGS AS A BASIS FOR STATE CIVIL LIABILITY (COURT PRACTICE ANALYSIS)
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Abstract
By establishing the purpose of criminal proceedings and elaborating in the provisions of other articles, the legislator sought to ensure a balance between the speedy process and the rights and legitimate interests of the subjects. This article analyzes, on the basis of case law, the relationship between the duration of the prosecution and the individual’s right to a speedy and due process, and discusses the criteria for length of proceedings and their assessment in case law of the Supreme Court of Lithuania.
The principle of speed of procedure obliges law enforcement officials and courts to take all procedural steps and to take decisions as quickly as possible. The requirement of expeditiousness of proceedings, the prohibition of unjustified delay, the requirement to take procedural steps within the shortest possible period of time and the principle of delay in criminal proceedings are significant in that they must be complied with at all stages of the proceedings. This means that pre-trial officers, the prosecutor and the court must take all the measures and means required by law to investigate and deal with the crime as briefly as possible, keep the process intense and protect every person subject to criminal proceedings from prolonged ignorance. This article will also answer the question of whether the assessment of the actions of pre-trial officers in pre-trial civil liability matters is identical to the treatment of the same actions from the point of view of the criminal proceedings only.
The principle of speed of procedure obliges law enforcement officials and courts to take all procedural steps and to take decisions as quickly as possible. The requirement of expeditiousness of proceedings, the prohibition of unjustified delay, the requirement to take procedural steps within the shortest possible period of time and the principle of delay in criminal proceedings are significant in that they must be complied with at all stages of the proceedings. This means that pre-trial officers, the prosecutor and the court must take all the measures and means required by law to investigate and deal with the crime as briefly as possible, keep the process intense and protect every person subject to criminal proceedings from prolonged ignorance. This article will also answer the question of whether the assessment of the actions of pre-trial officers in pre-trial civil liability matters is identical to the treatment of the same actions from the point of view of the criminal proceedings only.
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Articles
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Please see Copyright and Licence Agreement for further details.
