| Abstract [eng] |
THE PRINCIPLE OF CELERITY IN THE CRIMINAL PROCEDURE The principle of celerity in the criminal procedure is one of the main and most fundamental principles in the whole procedure, which helps to ensure the purpose of criminal process and to implement the aims of criminal process at the same time. This principle is being applied during the entire process and during all the procedural stages and that means that all proceedings should be carried out as quickly as possible without any unwarrantable delays. In such way it is possible to ensure the right to the trial within reasonable time period of all participants of the case, i.e. suspect/defendant and victim as well. In a manner the legitimate interests of the society also are ensured. However this principle shouldn’t be implemented in the way, which would cause the breach of other principles of criminal procedure, precisely principles of determination of truth and protection of the rights of the persons participating in the process. The essence of this principle, the importance of it to the criminal process, the content of it and its relation to the other principles of criminal process are discussed in this paper. The content of the principle of celerity in the criminal process is analyzed in conformity with the criteria formed by the European Court of Human Rights in order to ease the determination whether was the breach of the right to the trial within reasonable time period or no. These criteria are the complexity of the case and the conduct of the applicant and of the authorities dealing with the case. In the paper are also shortly discussed the main evidences of the principle of celerity in the Lithuanian law on criminal procedure: the terms of pretrial investigation and custody, forms of simplified criminal procedure, i.e. the procedure of penal order of court and expedited procedure, as well as the legal consequences of the breach of discussed principle. |
