| Abstract [eng] |
The master's thesis, in accordance with the recommendations of the CCP of the Republic of Lithuania, the Prosecutor General, case law and other sources, analyzes the indictment as a significant document in criminal proceedings, the census of which concludes the pre-trial investigation. It describes the criminal offense, the data on which the charge is based, the criminal law qualifying the offense and the person charged with committing the offense. This document is important, and this data enables the accused to properly prepare his defense during the trial. The paper also mentions the termination of the criminal proceedings under the expedited procedure and the transfer of the case with a statement terminating the proceedings by a court criminal order. The aim of the work is to analyze the requirements for the content of the indictment, which determine the direction and limits of the case in court. In addition, it is analyzed when the charge can be changed by changing the legal assessment (qualification) of the offense and the factual circumstances of the accused criminal offense by fundamentally different ones. It has been mentioned that the Institute of Prosecution makes it possible to rectify the charge and the facts in court without returning the indictment to the prosecutor, and this is effective in terms of the speed and efficiency of the proceedings. The analysis of the reports submitted by the Prosecutor General's Office allows us to draw conclusions that show a declining trend in the transfer of criminal cases to court with an indictment. It should also be noted that an increasing number of cases are closed under an expedited procedure and with a criminal order. There is a clear trend of improvement in the number of criminal cases returned to prosecutors by the court due to the fact that the accused act does not meet the requirements of Article 219 of the CCP. . |
