The article analyzes the status of the new Lithuanian criminal procedure institute – the judge of pre-trial investigation. The publication defines the procedural subjectivity of the judge of pre-trial investigation, i.e. the basic elements of the participation in the procedure, his place and role with reference to the other participants of the process. By applying historic and comparative methods the article gives the answer to the question “was Lithuanian legislation right in selecting passive model of the judge of pre-trial investigation within the Lithuanian Criminal Procedure Code”. The article also compares the German tradition of passive model and French tradition of active model of the judge’s (judge d’instruction) participation, and analyzes their advantages and shortcomings. Tthe article formulates conclusion that the selection of the passive model of the judge of pre-trial investigation in the Lithuanian criminal procedure was consistent and reasonable. The actions of the judge of pre-trial investigation are estimated through the prism of the basic criminal procedure principles, i.e. legitimacy, proportionality, contesting, proximity and wording.the article also reveals the relationship between the judge of pre-trial investigation and other parties of the process, by emphasizing the procedural relationship between the judge and the prosecutor who is in charge of the pre-trial investigation. Aafter the evaluation of the criticism with reference to the selected model of the pre-trial judge, the article formulates the conceptual ideas for the development of Lithuanian Criminal Procedure Code. Tto ensure the implementation of the fair criminal procedure the suggestion is made for the public prosecutor to apply progressive (active) strategy of the interrelated elements of singleness, expediency, integrity, continuity and responsibility. The implementation of this strategy would lead to significant qualitative changes in the preparatory stage of the criminal procedure.