Ikiteisminio tyrimo pareigūno, prokuroro ir ikiteisminio tyrimo teisėjo sąveika: reglamentavimas ir taikymas

Abstract

This final Master’s thesis presents an analysis of the status of a pre-trial investigation official, procurator and pre-trial investigation judge, of the interface between them as pre-trial investigation subjects, their functions set in laws and other legal acts, and problems caused by the interface between the above mentioned legal institutions during the pre-trial investigation process. On 1 May, 2003, the Criminal Process Code of the Republic of Lithuania set that competence to perform process actions or decide that such must be performed during the pre-trial investigation process would be divided between three subjects of a pre-trial investigation: a pre-trial investigation official, procurator and pre-trial investigation judge. Pre-trial investigation officer is a participant of the criminal procedure within whose competence is the performance of certain pre-trial actions. Prosecutor is the head of pre-trial investigation responsible for all process of pre-trial investigation. It depends on his thorough work and responsibility whether the criminal act is disclosed and the criminals punished. Pre-trial investigation judge is a new, independent pre-trial investigation subject whose appearance is not incidental. He helps to realize human rights and freedom, ensure the quickness of the process, honesty and efficiency. Following the Criminal Process Code of the Republic of Lithuania and analysis of former laws, this paper tries to reveal main aspects of a new institution, a pre-trial investigation judge, during the pre-trial investigation process, making a comparison with the criminal process law in foreign countries. Having defined scientific concepts, legal regulations and performed empirical research, the disadvantages and improvement directions during pre-trial 44 investigation of these important criminal process institutions are presented in the paper.