| Abstract [eng] |
THE SIGNIFICANCE OF THE ADVERSARIAL PRINCIPLE IN PRIE-TRIAL UNVESTIGATION The keywords: criminal procedure, adversarial principle, pre-trial investigation, procedural equality of parties, separation of functions in criminal procedure. The adversarial principle is one of the most important principles of criminal procedure in a democratic state; however, its operation is mostly bound with examination of a case at a court. The goals and tasks of phases of the criminal procedure predetermine an impossibility to apply the adversarial principle in them to the same extent. In the phase of pre-trial investigation, the operation of the adversarial principle is limited; however, legislators introduced a number of norms of the criminal procedure and an active party can ensure rather successful application of them seeking to impact the course of pre-trial investigation for ensuring decisions and results favorable for the said party. In the Final Master‘s Paper, the contents of the adversarial principle in the criminal procedure are analyzed, its place in the system of the principles of the criminal procedure is assessed, the norms of the Criminal Proceeding Code of Republic of Lithuania for regulating operation of the adversarial principle in the phase of pre-trial investigation are discussed upon. In the beginning of the Paper, the concept of the adversarial principle and its place in the system of the principles of the criminal procedure are disclosed, then the possibilities of subjects of criminal procedure that carry out independent functions of accusation, defense and dispensation of justice to impact the course and the results of the proceedings by realization of the adversarial principle in the phase of pre-trial investigation are assessed. |
