Atsisakymas pradėti ikiteisminį tyrimą: teorija ir praktika

This thesis concentrates on the legal regulation of a disposition of the pre–judicial investigation of criminal actions. The main purpose of this thesis – to analyze a theory of the disposition of the pre–judicial investigation of criminal actions and a practice of implementation; an historical beginning, a development of this institute during different periods, to analyze and to compare a legal regulation and a practice in foreign countries. The subject-matter of the thesis – procedural relations emergent in the disposition of the pre–judicial investigation of criminal actions, legal acts of Lithuania and other foreign countries, as well as different kinds of literature of criminal procedure. We hypothesize, that the Criminal Procedure Code of the Republic of Lithuania determinates the institute of the disposition of the pre–judicial investigation of criminal actions quite properly and clearly. However, there are practical problems due to organizational deficit, shortage of practice, since the new Criminal Procedure Code was passed recently. The thesis uses different types of research methods: logical, historical, empirical, synthesis, descriptive and comparative. With reference to a theory and a practice of a recent criminal procedure, this thesis aims to analyze and to implement the purpose and the tasks of the thesis as wide as we can. We come to a conclusion, that the disposition of the pre–judicial investigation of criminal actions is substantive institute of the criminal procedure, which is implemented by prosecutors and officers of the prejudicial investigation. However, this stage requires more detailed regulation providing means to check and to evaluate information before the disposition of the pre–judicial investigation of criminal actions. This investigation has to be based on facts and be properly done. We also make a conclusion, that the institute of the pre–judicial investigation of criminal actions in Lithuania is most similar to the tradition of continental legal system. However Lithuania did not use the best elements of Western countries in the new Criminal Procedure Code. The disposition of the pre–judicial investigation of criminal actions was influenced by Lithuanian political, historical and legal developments that are why it has different forms, conceptions and procedures. Keywords: pre-judicial investigation, disposition of the pre-judicial investigation, pre-judicial investigation officer