This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
The theories of identification and respondeat superior are consolidated in the Criminal Code of Lithuania, however, both models render the liability of a legal person impossible, if physical person, who had committed the crime, is not identified. Even in countries, where a corporate criminal liability is applied for more than a hundred years, legal persons are seen as hardly capable to commit sexual offences, because of the personal character of these crimes, although it is recognized that every case must be judged separately and according to the legislator's objectives. Therefore, before legislator makes such an innovative step, first of all detailed analysis of factual situation in Lithuania should be made, demand and expediency to criminalize one or another act must be evaluated and only afterwards, a specific act of law could be enacted. Considering the fact that the Framework decision declares the objectives but leaves for the member states the right to choose the means and the forms of implementation, international norms should not be transferred directly, but international commitments should be adopted in consideration of peculiarities of the national law.
The theories of identification and respondeat superior are consolidated in the Criminal Code of Lithuania, however, both models render the liability of a legal person impossible, if physical person, who had committed the crime, is not identified. Even in countries, where a corporate criminal liability is applied for more than a hundred years, legal persons are seen as hardly capable to commit sexual offences, because of the personal character of these crimes, although it is recognized that every case must be judged separately and according to the legislator's objectives. Therefore, before legislator makes such an innovative step, first of all detailed analysis of factual situation in Lithuania should be made, demand and expediency to criminalize one or another act must be evaluated and only afterwards, a specific act of law could be enacted. Considering the fact that the Framework decision declares the objectives but leaves for the member states the right to choose the means and the forms of implementation, international norms should not be transferred directly, but international commitments should be adopted in consideration of peculiarities of the national law.
The destruction of 20 th century occupational regimes and new cases of such aggression leaves an ample space for discussions not only about the rights and duties acquired by the governmental subject but also about how this regime should be judged after the nation had reconstituted its usurped rights and renewed its nationhood. It is especially important in cases of encountering examples of repressions offending the civilized nations' humanity principles against people in the occupied territories. In such a case there has to be analyzed and legally evaluated not only the policy of the government itself but also raised the issues of criminal prosecution of separate individuals who had implemented it. If the person's criminal act is in compliance with the repressive policy in the occupied territory, however, there is a reasonable doubt if the person who in one way or another contributed to the implementation of such policy could possibly foresee that consequences of his actions would incur criminal responsibility after the end of the occupation. Moreover, the applicable laws shall not breach the principle nullum crimen sine lege (no crime without law) which means that only the law shall define the criminal actions and punishments thereof. As the occupational government legitimized the violations of human rights or if in the occupied territory there were no legislation that would allow the prosecution of the person who had committed the above mentioned crimes, such a process is possible if only international community determines that a person's acts in the occupied territory is illegitimate in the point of view of international law. [.]
The destruction of 20 th century occupational regimes and new cases of such aggression leaves an ample space for discussions not only about the rights and duties acquired by the governmental subject but also about how this regime should be judged after the nation had reconstituted its usurped rights and renewed its nationhood. It is especially important in cases of encountering examples of repressions offending the civilized nations' humanity principles against people in the occupied territories. In such a case there has to be analyzed and legally evaluated not only the policy of the government itself but also raised the issues of criminal prosecution of separate individuals who had implemented it. If the person's criminal act is in compliance with the repressive policy in the occupied territory, however, there is a reasonable doubt if the person who in one way or another contributed to the implementation of such policy could possibly foresee that consequences of his actions would incur criminal responsibility after the end of the occupation. Moreover, the applicable laws shall not breach the principle nullum crimen sine lege (no crime without law) which means that only the law shall define the criminal actions and punishments thereof. As the occupational government legitimized the violations of human rights or if in the occupied territory there were no legislation that would allow the prosecution of the person who had committed the above mentioned crimes, such a process is possible if only international community determines that a person's acts in the occupied territory is illegitimate in the point of view of international law. [.]
The destruction of 20 th century occupational regimes and new cases of such aggression leaves an ample space for discussions not only about the rights and duties acquired by the governmental subject but also about how this regime should be judged after the nation had reconstituted its usurped rights and renewed its nationhood. It is especially important in cases of encountering examples of repressions offending the civilized nations' humanity principles against people in the occupied territories. In such a case there has to be analyzed and legally evaluated not only the policy of the government itself but also raised the issues of criminal prosecution of separate individuals who had implemented it. If the person's criminal act is in compliance with the repressive policy in the occupied territory, however, there is a reasonable doubt if the person who in one way or another contributed to the implementation of such policy could possibly foresee that consequences of his actions would incur criminal responsibility after the end of the occupation. Moreover, the applicable laws shall not breach the principle nullum crimen sine lege (no crime without law) which means that only the law shall define the criminal actions and punishments thereof. As the occupational government legitimized the violations of human rights or if in the occupied territory there were no legislation that would allow the prosecution of the person who had committed the above mentioned crimes, such a process is possible if only international community determines that a person's acts in the occupied territory is illegitimate in the point of view of international law. [.]
The Indian state Kerala is renowned for its overall development in various indexes such as human development, equality and education. However, in terms of combating violence against women and girls, state policies do not fulfil their objectives. The total number of crimes against women in Kerala during 2007 was 9381, by the end of 2019, it had risen to 13925,and by October 2020,it was 10124. To prevent all forms of crimes against women, the state established a vigilant committee in 1997 under Kerala Women's Commission's supervision. This vigilant committee is known as Jagratha Samithi (in the Malayalam language) and works in every Local Self Government (Panchayat). Therefore, the object of this research is the Jagratha Samithi (JS). The study aims to identify the JS's role and activities in a panchayat to prevent violence against women and children. The methodology of the research is based on a qualitative study with primary data collected from 40 elected female and male representatives from 35 panchayats from one district in Kerala. The study shows that Jagratha Samithi in a panchayat has a significant role in addressing crimes against women and girls. However, there is a lack of sufficient support from society on its mission.
The Indian state Kerala is renowned for its overall development in various indexes such as human development, equality and education. However, in terms of combating violence against women and girls, state policies do not fulfil their objectives. The total number of crimes against women in Kerala during 2007 was 9381, by the end of 2019, it had risen to 13925,and by October 2020,it was 10124. To prevent all forms of crimes against women, the state established a vigilant committee in 1997 under Kerala Women's Commission's supervision. This vigilant committee is known as Jagratha Samithi (in the Malayalam language) and works in every Local Self Government (Panchayat). Therefore, the object of this research is the Jagratha Samithi (JS). The study aims to identify the JS's role and activities in a panchayat to prevent violence against women and children. The methodology of the research is based on a qualitative study with primary data collected from 40 elected female and male representatives from 35 panchayats from one district in Kerala. The study shows that Jagratha Samithi in a panchayat has a significant role in addressing crimes against women and girls. However, there is a lack of sufficient support from society on its mission.
The Indian state Kerala is renowned for its overall development in various indexes such as human development, equality and education. However, in terms of combating violence against women and girls, state policies do not fulfil their objectives. The total number of crimes against women in Kerala during 2007 was 9381, by the end of 2019, it had risen to 13925,and by October 2020,it was 10124. To prevent all forms of crimes against women, the state established a vigilant committee in 1997 under Kerala Women's Commission's supervision. This vigilant committee is known as Jagratha Samithi (in the Malayalam language) and works in every Local Self Government (Panchayat). Therefore, the object of this research is the Jagratha Samithi (JS). The study aims to identify the JS's role and activities in a panchayat to prevent violence against women and children. The methodology of the research is based on a qualitative study with primary data collected from 40 elected female and male representatives from 35 panchayats from one district in Kerala. The study shows that Jagratha Samithi in a panchayat has a significant role in addressing crimes against women and girls. However, there is a lack of sufficient support from society on its mission.
The Indian state Kerala is renowned for its overall development in various indexes such as human development, equality and education. However, in terms of combating violence against women and girls, state policies do not fulfil their objectives. The total number of crimes against women in Kerala during 2007 was 9381, by the end of 2019, it had risen to 13925,and by October 2020,it was 10124. To prevent all forms of crimes against women, the state established a vigilant committee in 1997 under Kerala Women's Commission's supervision. This vigilant committee is known as Jagratha Samithi (in the Malayalam language) and works in every Local Self Government (Panchayat). Therefore, the object of this research is the Jagratha Samithi (JS). The study aims to identify the JS's role and activities in a panchayat to prevent violence against women and children. The methodology of the research is based on a qualitative study with primary data collected from 40 elected female and male representatives from 35 panchayats from one district in Kerala. The study shows that Jagratha Samithi in a panchayat has a significant role in addressing crimes against women and girls. However, there is a lack of sufficient support from society on its mission.
There are no one opinion about the determination of criminality. Most of the criminologists agree, that criminality is social-legal construct, which is bound up to development and variation of the social, demographic, political, moral, economical and legal situation. Eventually, criminality is social construct, the common result of different individual's actions, and should be estimated according to historical condition. Women commit a small share of all crimes – in the year 2007 among all suspects, women comprised about 11 %. Women mostly commit offences against property - theft, robbery, and drug offences. 21-39 years old women, with basic or secondary education commit most of offences. Alcohol/drugs addiction, mental troubles are widespread among convicted women. Recently female criminality remains stable, except marginal increase in different sections. It is difficult compare female criminality in Lithuania with female criminality abroad, because of different legislation, penal system and criminal policy overall. Furthermore, historical, political, social, economical conditions, women position must be taken into consideration. Different criminological theories tried to explain female criminality concentrating on various factors, although the main explanations of female crime haven't been proved.
There are no one opinion about the determination of criminality. Most of the criminologists agree, that criminality is social-legal construct, which is bound up to development and variation of the social, demographic, political, moral, economical and legal situation. Eventually, criminality is social construct, the common result of different individual's actions, and should be estimated according to historical condition. Women commit a small share of all crimes – in the year 2007 among all suspects, women comprised about 11 %. Women mostly commit offences against property - theft, robbery, and drug offences. 21-39 years old women, with basic or secondary education commit most of offences. Alcohol/drugs addiction, mental troubles are widespread among convicted women. Recently female criminality remains stable, except marginal increase in different sections. It is difficult compare female criminality in Lithuania with female criminality abroad, because of different legislation, penal system and criminal policy overall. Furthermore, historical, political, social, economical conditions, women position must be taken into consideration. Different criminological theories tried to explain female criminality concentrating on various factors, although the main explanations of female crime haven't been proved.
