Alternative methods of resolving a criminal conflict in criminal procedure of Lithuania

The paper analyses the dismissal of a criminal case in pre – trial investigation and in court whereby the pre – trial investigation judge or the court exercises their right to release an individual, who has allegedly committed a criminal act, from criminal responsibility, i.e. from pronouncing him/her guilty and from imposing punishment on him/her. It is recognised that modern criminal proceedings embrace a wide range of procedural forms, with a tendency toward the widening of the opportunities for the application of simplified forms of criminal proceedings. The exercise of the discretionary criminal prosecution as an expression of the principle of purposefulness (expediency) is on of the methods of resolving a criminal conflict in criminal procedure. The marked tendency of the new Criminal procedure code of Lithuania (2003) is that there are wide possibilities for terminating the pre-trial investigation (Article 212 of CCP). The author concludes that the regulation of alternative forms of settlement of criminal conflicts in the Lithuanian law of criminal procedure is substantially in line with the global trends of criminal proceedings‘ development. Advantages and disadvantages of forms of prosecution discretion have been discussed extensively and thoroughly. However, if regulations are not set properly, various dangers may arise. The analyses of national legal acts, especially Criminal Code and Criminal Procedure Code of Lithuania, points to certain problems of the regulation of the discretionary prosecution.