Viešumo principas ir ikiteisminis tyrimas: teorija ir praktika

Fundamental notions: Publicity principle, Pretrial investigation, The secrecy of the data of pretrial investigation. The content of publicity principle in penal code has been analyzed applying the methods of data analysis, comparison and classified analysis, and the place of the content in the system of the other principles of penal code has been assessed. The standards of penal code of the Republic of Lithuania regulating the run of publicity principle in pretrial investigation have also been analyzed. The content of the above mentioned standards has been revealed analyzing the practice of European Court of Human Rights and the Constitutional Court of the Republic of Lithuania. The conception of publicity principle and its place in the system of penal code is presented in the work; hereinafter the possibilities of participants and people who are uninterested in the result of criminal process are analyzed. The Constitution of the Republic of Lithuania consolidates the principles of free speech and other principles of democratic states, which guarantee the right to get information about all events and processes, including the investigation of criminal act and at the same time to enable the control of these processes and to influence them. The Law on Criminal Process of the Republic of Lithuania consolidates the attitude that the data of pretrial investigation cannot be declared. The secrecy of the data like the right to free speech cannot be considered as absolute value. Publicity principle of penal code prevents the violation of human’s and society’s rights in the investigation of criminal act and in court, consequently involves the whole criminal process, with the exception of the cases that are predicted in the Law of Criminal Process.