Įžeidimas ir teisinė atsakomybė už jį ; Insult and legal liability for it

Abstract

The subject of this investigation is the insult and its legal liability. The subject is very relevant in modern democratic society, where there are being fostered such important values as human dignity and honour. The significance of these values testifies the fact that for infringements of human dignity and honour provided various character of legal responsibility, including the criminal. This theme was not popular among scientists of criminal law of Lithuania, though the analysis of a scientific and practical material has confirmed the presence of a considerable quantity of problems in this range. The aim of the investigation is to reveal the elements of such crime as the insult. The object of the research is the structure of insult as criminal action. The task of the investigation is to determine the law protected values of the insult as criminal action structure, reveal the matter of basic signs and ways of the humiliation, as the action making the insult, determine the mens rea as element of structure of the insult, identify criteria on which the insult can be distinguished from other criminal actions, to submit the description of some elements of the insult, given by European Human Rights Court. Work hypothesis: the insult is not especially dangerous act, which could be the basis for the criminal liability of the person. The investigation was made analyzing the literature of criminal law of Lithuania and foreign countries, the Lithuanian courts and the European Human Rights Court judiciary practice connected with the insult. Making investigation we arrived to a conclusion that insult structure values protected by the law are dignity and honour. The insult action \"humiliation\" leads to a conclusion that insult structure is not formal, but material. Under some circumstances it is possible the insult in absentia and the indirect insult. Publicity of the insult forms the probability that the fact of humiliation will be observed by other persons. Victims of the insult can be preteens, juveniles and people with mental illness. At humiliation the deliberate form of guilt, which can be direct and indirect, is always ascertained. Distinguishing the insult from other criminal acts, it is necessary to pay attention to the law protected value, the victim, motives and aims of a crime. As we stand to a position of decriminalization of the insult, we offer to expand the norm of the civil code regulating person honour and dignity protection instead of an establishment of the criminal liability for the insult. The results of this work can be successfully used that much in theoretical aspect, further investigating insult problems; that much in practical aspect, executing our offers in the sphere of legislation and judicial practice.