Application of the urgent procedures in the context of the provision of the right to complete criminal proceedings in a reasonable term

Research output: Contribution to conferenceAbstractpeer-review

Abstract

The aim of the study is to analyse the possibilities for improving the application of the urgent procedures by assessing the right of individuals to complete criminal proceedings in a reasonable term. The study uses legislation, scientific literature and judicial decisions. The study has employed methods of interpretation of legal norms and the inductive and deductive method to draw conclusions. One of the fundamental principles of criminal proceedings is a right for completion of criminal proceedings within a reasonable term, that is, without any unjustified delay, for each person, victim or a person who has the right to defence. To enforce these rights, the person directing the proceeding shall choose the simplest form of criminal proceedings. One of the simplest forms of criminal proceedings in investigations is the application of urgent procedures, where the person directing the proceedings shall complete the investigation without delay. The possibility of applying the urgent procedures may be facilitated by the provision of Section 268, Paragraph four of the Criminal Procedure Law. Consequently, there is a possibility that coercive measures can be applied at the beginning of the criminal proceedings to bring a person to the public prosecutor and to the court, thereby facilitating the rapid completion of criminal proceedings without possible delay (e.g. avoiding an investigation by the suspected person) and ensuring the fair regulation of criminal legal relations in due time. Nevertheless, such a limitation of rights must be proportionate. Effective application of the urgent procedures can serve to ensure the right to complete criminal proceedings within a reasonable term, both in a specific criminal proceedings and in general, as it ensures the savings of the resources of the investigating authorities, the public prosecutor's office.
Original languageEnglish
Pages6
Publication statusPublished - 24 Mar 2021
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
CountryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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