Bylų tyrimo ir nagrinėjimo išsamumas: teoriniai ir praktiniai aspektai

Abstract

The problem of the exhaustiveness of the pretrial ant trial investigation was always and is still urgent for the jurisprudence scientists and the investigators, prosecutors and judges, who directly apply these legal standards in everyday work while deciding how exhaustive to investigate an exact case. Despite the fact that the analyzed issue is very hot it wasn’t widely researched by jurisprudence scientists. The present work contains the author’s statements, which intend to stimulate the discussion on the analyzed issue and tries something to fill the scientific research vacuum in this area. The work raises the hypothesis that the in the 1st article of the Penal Process Code of the Republic of Lithuania, which states the demand to investigate crime exhaustively has been the principle of the penal procedure. Seeking to check this hypothesis, the author analyzes the concept of the exhaustive investigation and comes to the conclusion that in its essence it is analogical to the demand to carry out investigation thoroughly, fully and objectively, stated in the Penal Process Code of 1961. Thereafter the author with the help of the systematic, comparative and estimation analysis methods analyzes the essence of the legal demand of the exhaustiveness of the pretrial investigation, as a core rule, universal legal norm and tries to disclose the correlation between two legal demands – to carry out investigation exhaustively and speedily. The author makes a conclusion that the legal demand to carry out the investigation exhaustively is a basic rule of the penal process and in the same tame it is a part of the independent principle of the penal procedure “the exhaustiveness and the speediness of the investigation”. Practical aspects of the analyzed issue has been revealed by analyzing the mistakes, related to the exhaustiveness of the investigation, made by the entities of the penal process and the possibilities to implement this requirement in a streamlined penal process. The author draws the conclusion that the hypothesis, which was raised in the preamble of the present work, has proved and suggests the proposals to anew the Penal Process Code.