Pušu līdztiesības principa nozīme pirmstiesas izmeklēšanā

Abstract

This article is dedicated to further assessment of the principle of equality of arms and its elements that may be applicable to the pre-trial investigation stage of criminal proceedings. The article includes evaluation of two practical elements determined by paragraph 1 and 3 (d) of Article 6 of the European Convention of Human Rights, the right to question witnesses in pre-trial investigation and the right to rely on assistance by private experts. The pre-trial stage of proceedings in the Republic of Latvia is not held according to the principle of adversarial proceedings. Therefore, the article will address a question, whether rights of the defence and principle of equality of arms grant the suspect the right to interrogate witnesses and rely on assistance by experts in pre-trial investigation of criminal proceedings. The European Court of Human Rights has emphasized several procedural safeguards regarding the aforementioned rights and their meaning in fair proceedings.