Įtariamojo procesinis statusas

LTStraipsnyje analizuojami pagrindiniai įtariamojo procesinio statuso klausimai. Ypač daug dėmesio skiriama įtariamojo sąvokos apibrėžimui ir nustatytų įtariamojo teisių realizavimui. Apžvelgiama ir vertinama Lietuvos ir užsienio baudžiamojo proceso norminė ir mokslinė medžiaga. [Iš leidinio]Reikšminiai žodžiai: Įtariamasis; Įtariamojo procesinis statusas; Suspect; Procedural status of the suspect.

ENThe suspect, as a party to the procedure, occupies a significant place in the doctrine of the criminal procedure law. Its procedural status has been analysed for numerous times by scientists. However, as Lithuania is integrating into the European Union and substantially reforming the criminal procedure, both scientific and practical aspects of the status of the suspect arc becoming very urgent. The Criminal Procedure Code of the Republic of Lithuania currently in force gives the definition of the suspect and sets forth his/her rights and obligations. Due to its continuity, the new Criminal Procedure Code of the Republic of Lithuania includes all that, but it also gives a broader definition and includes new rights and obligations. Considering that, the article reveals the continuity of the procedural status of the suspect and emphasises the tendencies that are prevalent in the individual legal systems.Having reviewed Lithuanian and foreign laws and scientific material, the author presents conclusions and suggests supplementing Article 21 of the new Criminal Procedure Code of the Republic of Lithuania as follows. The definition of the suspect in Article 21, part 2 of the new Criminal Procedure Code of the Republic of Lithuania is not precise enough. It is suggested to use the following wording in Article 21, part 2 of the new Criminal Procedure Code of the Republic of Lithuania: "The suspect is considered to he the person who is detained suspecting that he/she committed criminal activity, or the person who is being interrogated about the activity that he/she is suspected of committing, or the person with regard to whom a notice about the allegation of suspicion has been drawn up in accordance with the provisions of Article 187 of the present code." The detention of the suspected person can be factual and legal. The new Criminal Procedure Code of the Republic of Lithuania does not regulate the time period between the factual and legal detention. Therefore, there should be indicated the person's right to remain silent from the moment of the factual detention. This right should be legally established in the new Criminal Procedure Code of the Republic of Lithuania by supplementing Article 21, part 3 as follows: the suspect has a right: "to know what he is suspected of; to remain silent; to have an attorney from the moment of detention or the first interrogation; to give testimony; to present for the examination important documents and items; to bring motions; to declare dismissals; to get acquainted with the pretrial investigation material; to appeal the actions of the pre-trial investigation officer." Further to the provisions of the new Criminal Procedure Code the suspect has the following obligations: to arrive when he/she is called; to obey the procedural constraint measures; to obey and not interfere with the procedural actions. [abs