Nusikalstamo susivienijimo sudėties analizė ; Analysis of the corpus delicti of criminal organisation

Abstract

In the eighties of the last century in Lithuania crime significantly increased, resulting in increasingly isolated individual criminal offenders and organized crime began to change. In response, the Government decided to incorporate the concept of organized crime in the Criminal Code of Lithuania and to establish criminal responsibility for participation in this phenomenon. In this way, in 1993 the legislature through the criminal law has been supplemented by a new article, which offered the criminal responsibility of organizing a criminal organization, leadership and participation in its activities. So this master thesis presents Analysis of the Corpus Delicti of Criminal Organisation. The master thesis starts with the concept of criminal conspiracy and its character. Presentation of the concept of a criminal organization, governed by Article 25 of the Criminal Code, which provides that a criminal organization is one of the forms of complicity and the definition of criminal conspiracy, with the minimum of its distinguishing features. After brief discussion of these issues and highlighted the key aspects we proceed to the unification of criminal liability for the establishment and development of the Lithuanian Criminal Code. In particular, the emphasis is how and in what way a criminal organization was criminalized, then proceeding with the evolution of the composition of a criminal organization Criminal Code of the Republic of Lithuania, along with how and why the legislature corrected the Criminal Code provides criminal conspiracy there. Familiar with the concept of criminal conspiracy and features and discussion of the responsibility for criminal association establishment and development of the Lithuanian Criminal Code refinement, we proceed to the main composition of the criminal conspiracy investigation. Analysis starts with the concept of the constituent elements and its structural presentation. Then it's time to transit to each of these elements of the examination. Starting from the criminal conspiracy of course, discussing both theoretical and practical aspects of this element. Then the issue of crime objectivist side. Further subjected to physical or legal entity subject to criminal conspiracy, analysis. Finally, the issue in a criminal organization subjective side. In the main composition of the criminal conspiracy analysis goes beyond the criminal law and judicial practice of assertion on the subject. In contrast, on the criminal law established legal and regulatory efforts to make their vision of the question, proposing possible modifications of legal regulations and so on. After the criminal conspiracy main analysis of the composition, the phase of a criminal organization qualifying characters discussion. According to the criminal law doctrine and jurisprudence, and not forgetting to submit their thoughts on the subject, analyzing a criminal organization qualifying characters, such as features as the presence of firearms, explosives or explosive substances to the pool of armed criminal action, organizing a criminal organization, directing a criminal organization.