Refusal to initiate a pre-trial investigation

Master’s thesis is to reveal the institute of a refusal to commence a pre-trial investigation, its concept and legal regulation, to analyze decisions and actions made on its basis, and all the theoretical and practical problems related to it. The main subject of this master’s thesis is the institute of a refusal to commence a pre-trial investigation. However, some parts of institute of commencement of a pre-trial investigation are analyzed along with it. These institutes are inextricably related, so in order to fully reveal the refusal to commence a pre-trial investigation both of these institutes must be analyzed together. Development of a refusal to commence a pre-trial investigation is analyzed in the beginning of master’s thesis, focusing mainly on the regulations existed from year 1961 to the current regulation specified in code of criminal procedure of Lithuania. In the second part of master’s thesis there is a research made on regulations of a refusal to commence a pre-trial investigation in foreign countries. Concept, content and basis of a refusal to commence a pre-trial investigation are also analyzed in this master’s thesis. Considerable attention of this master’s thesis is given to the pre-investigational actions. Moreover, an empirical investigation has been made in order to deeper investigate emerging problems - public prosecutors and pre-trial investigation officers were asked to share their opinion regarding the commencement of a pre-trial investigation and refusal to commence a pre-trial investigation. The results and analysis of this survey are specified in the last part of thesis. Furthermore, this master’s thesis also contains proposals to renounce the provisions granting the ability to perform pre-investigational actions in that way solving at least some of the main issues regarding refusal to commence a pre-trial investigation