Baudžiamojo proceso paskirtis ; The purpose of criminal procedure

Abstract

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.