Parengiamojo tyrimo svarba baudžiamajame kanonų teisės procese (kan. 1717–1719)
Importance of preliminary investigation in the penal process of canon law (can. 1717–1719)

Summary/Abstract: The penal process according Canon Law proceeds in two very closely related phases, but they are different. The first phase includes preliminary investigation (praevia investigatio), which is proceeding of administrative character. The second phase covers administrative or judicial process in proper sense (senso stricto), according which official examination is prosecuted. The preliminary investigation isn‘t formal process ended by verdict. It is only preliminary proceeding with purpose to give satisfactory arguments for penal process. According code no permanent position of investigator is provided. This function is entrusted to ad casum proper person. The objective element of preliminary investigation is crime about which information is received. The matter collected by investigator must give answers to following questions: • Was that crime in reality; if yes, than when and in which circumstances it was done? • Is this person, suspected in crime, real wrongdoer? • What is responsibility of guilty person? In pursuance of investigation it is necessary to avoid that reputation of somebody would be derogated. All information, gathered by investigator is given to Ordinar. He must take decision is it enough information to begin administrative or judicial process to impose the penalty. If the Ordinar considers that collected evidentiary material is insubstantial, all documents are placed in the secret archive of the Curia.

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