Lithuania

LTReikšminiai žodžiai: Apeliacinis procesas; Baudžiamasis procesas; Ikiteisminis tyrimas; Kaltinimas; Kasacinis procesas; Pirmosios instancijos teismas; Teisminis tyrimas; Tyrimas; Įrodymai; Appeal procedure; Cassation procedure; Court of first instance; Court trial; Criminal procedure; Evidence; Investigation; Pre-trial investigation; Pretrial investigation; Prosecution.

ENLithuanian criminal procedure is divided into the process phases. All process phases are either mandatory (which are necessary for criminal procedure, eg pre-trial investigation, court trial) or optional (appeal and cassation procedure, etc). Pre-trial investigation is the first phase of the criminal procedure in Lithuania. Pre-trial investigation starts from the date of opening a pre-trial investigation and ends with the transfer of the indictment, or any other final procedural act to the court. The main tasks of the pre-trial investigation are to: a) promptly and properly identify all the circumstances of the criminal act; b) identify the person who committed criminal act; c) enable a proper examination of the case in the court; d) take necessary measures to ensure for the participants in criminal proceedings the right to damages and other rights. When these challenges are being fulfilled, the pre-trial investigation has to be completed, and criminal procedure passes to the second phase: trial in the court of the first instance. Preparation of an indictment (the traditional function of the prosecutor) is not considered as a separate and independent phase of a criminal process, and it is an integral part of the pre-trial investigation. The prosecutor chooses the moment of the indictment. The prosecutor, in organising, leading or conducting the pre-trial investigation actions himself, has to determine when the tasks of the pre-trial investigation are fulfilled. Such decision is made by the prosecutor only when he considers that the circumstances of the committed criminal act are identified, there is no more need of any pre-trial actions and it is clear that the trial court will be able to prove the guilt of the suspect. [Extract, p. 405]