Procesuālā disfunkcija Latvijas kriminālprocesā kā konstitucionālo paradigmu nobīde

Abstract

The doctrine of the continental European criminal procedure has established that development of procedural settlement of criminal legal relations is affined with the state’s constitutional system and should be evaluated through the prism of changes in the nation’s political, social, and moral conditions. It is an integral part within the doctrinal and normative development of modern criminal procedural archetypes, as conceptual implementation of the principle of separation of powers occurred in parallel with normative establishment of procedural functions in criminal proceedings. The separation of these functions is the basis for the constitutionally appropriate adoption of regulatory amendments and the practical course of criminal proceedings, protecting the defendant’s guarantees of justice.