| Abstract [eng] |
This paper was intended to define the types of criminal procedures and determine similarities and differences between them. For this purpose, it was suggested a possible type of criminal procedure description scheme indicating the type of concept, brief development aspects, type representing juristical countries and the basic features of the process. In the practical part, there is a comparative analysis model for the proposed type of criminal procedure. As in the literature of Lithuanian law there was not made any such a comparison, this paper intends to initiate and offer and idea of such a research. In the process of the suggested comparison, was made an inquisitorial, adversarial and mixed types comparative analysis of criminal procedure. On the basis of the comparative analysis criteria was selected features of derivatives of criminal procedure, which is revealed in assessing the role of the court process and the degree of activity of the parties. The comparative analysis of inquisitorial, adversarial and mixed criminal process types is done on the basis of proposed research. It affected purpose of criminal proceedings, the court's role, the parties involved to determine the process of procedural equality in pre-trial investigation, the institute of evidence, judicial bias in the assumptions of objective, adjudication of public evaluation, sentencing approach and questions of the method for legal regulation. The main result of the research shows that types of the analyzed criminal procedures are essentially similar and their differences are based on stronger or weaker dominance of the same features. Each real existence of the criminal process will be correct to call as a mixed process, because this type of process most associated with criminal proceedings in the form of real and reflects the theoretical ideal for the implementation of real-life character. |
