The Conception of Dispositiveness in Criminal Procedure

Eglė Matuizienė

Abstract


The increasing impact of private interests on the decision-making process enables us to talk about dispositiveness in criminal procedure. The changing attitude towards the purpose and objective of criminal procedure consolidating the priority of the protection of human rights and personal interests conditions the search for new forms of the combination of public and private interests in criminal procedure, thus reviewing the limits and proportions of the dispositive and imperative method of legal regulation. The new Code of Criminal Procedure brought many innovations not only in the daily criminal procedure practice, but also in the theory of criminal procedure; therefore, the extension of dispositive elements is observed. That indicates the increasing attention of legislative powers to the safeguarding of human rights and freedoms in seeking to coordinate public and private interests in the criminal procedure practice. The goal of this article is to analyse the proportions of public and private interests in criminal procedure as well as to present a theoretical analysis of dispositiveness in criminal procedure concentrating on the analysis of the conception of dispositiveness and its elements, i.e. material and procedural dispositiveness.

Keywords


criminal procedure; dispositiveness in criminal procedure; private interest; material and procedural dispositiveness

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236