VEIKSMINGAS BAUDŽIAMASIS PROCESAS IR JO KRITERIJAI: KAIP SUPRASTI BAUDŽIAMOJO PROCESO KOKYBĘ?
EFFECTIVE CRIMINAL PROCESS AND ITS CRITERIA: HOW TO UNDERSTAND THE QUALITY OF THE CRIMINAL PROCESS?

Summary/Abstract: The article examines the criteria of “independence,” “efficiency” and “quality” against which the effectiveness of criminal proceedings is assessed. The article first provides a general overview of the “independence” and “efficiency” criteria. It is emphasized that the criterion of “independence” should be understood primarily as the institutional and functional independence of the court and the judge, as well as that of the prosecutor and defence counsel, thereby safeguarding public confidence in the administration of justice. The criterion of “efficiency” pertains to the time and other resources — including human resources, financial means, and instruments — required to attain the objectives of criminal proceedings; however, the length of proceedings is regarded as its most essential component. The article undertakes a more detailed analysis of the “quality” criterion. The author concludes that this criterion is the broadest in substantive scope and the most complex to define. On the basis of an analysis of the applicable legal regulation, case law, and the findings of existing scholarly research, the author identifies the following constituent elements of the “quality” criterion in criminal proceedings: the quality of legal regulation; access to justice; procedural equality of arms; the guarantee of the right to defence; the protection of the rights of other participants in the proceedings; clarity of the procedural course and foreseeability of judicial decisions; the principle of publicity of court proceedings and judgments; and the rendering of a fair and well-reasoned judicial decision.

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