| Abstract [eng] |
The law replacing and amending articles 62, 63, 64, 65 and other articles of the Penal process code of the Republic of Lithuania was enacted on June 28th, 2007. After this amendment the whole third section of chapter five of penal process code – appeal procedure during pretrial investigation, where general appeal procedure during pretrial investigation is regulated - has undergone material changes. Two-tier appeal system has been introduced by the legislator: participant of the procedure or a person to whom procedural coercive measures have been applied has a right to make an appeal in two instances. First the public prosecutor investigates the appealed decisions of the pretrial investigation officer. And the higher ranking public prosecutor investigates the appeals on the actions of public prosecutor. The same situation exists with the decisions of the public prosecutor – first the higher ranking public prosecutor investigates the appealed decisions of the public prosecutor, and pretrial judge investigates the latter appeals. Meanwhile, the decisions of the pretrial judge can be appealed to the higher court. There are five terms of appeals of the pretrial process subjects in the penal process code. It should be also mentioned that though article 64 of the penal procedure code regulates the examination procedure of appeals during the pretrial process, the same provisions are applied in the situations when pretrial process is refused or when it is complete. |
