The article addresses a range of problems relating to qualifying crimes against economic and financial management. The analysis of the said issues starts with a brief overview of the development of Lithuania's legislation regulating criminal responsibility for crimes against economic and financial management, as well as preconditions for adopting currently existing laws. Further, the article deals with specific aspects of the qualification of crimes against economic and financial management such as separation of crimes from administrative offences, disclosing the content of qualifying characteristics, blanket nature of norms, etc. The author maintains that one of the main reasons leading to problems of qualification is the absence in certain cases of a clear-cut content of legal provisions. While working out the norms of criminal law, the legislator sometimes take no regard of the existing legal provisions in Administrative Law. In addition, there are no well-formulated and clear criminalisation and decriminalisation criteria of the activities qualified as crimes against economic and financial management.
The article addresses a range of problems relating to qualifying crimes against economic and financial management. The analysis of the said issues starts with a brief overview of the development of Lithuania's legislation regulating criminal responsibility for crimes against economic and financial management, as well as preconditions for adopting currently existing laws. Further, the article deals with specific aspects of the qualification of crimes against economic and financial management such as separation of crimes from administrative offences, disclosing the content of qualifying characteristics, blanket nature of norms, etc. The author maintains that one of the main reasons leading to problems of qualification is the absence in certain cases of a clear-cut content of legal provisions. While working out the norms of criminal law, the legislator sometimes take no regard of the existing legal provisions in Administrative Law. In addition, there are no well-formulated and clear criminalisation and decriminalisation criteria of the activities qualified as crimes against economic and financial management.
Crimes against Humanity is one of the most dynamic categories in the International Criminal Law since it first appearance in the Charter of Nuremberg Military Tribunal in 1945 as an outgrowth of the war crimes. The concept of crimes against humanity in the Charter of Nuremberg Military Tribunal may be characterised by the following elements: crimes shall be carried out towards any civilian population, crimes can be carried out by the civil or military officers or actual agents of the state (policy element), crimes may be committed during the war or in peace time however such crimes requires conjunction with war crimes or crimes against peace. The concept of the crimes against humanity in later sources has developed steadily towards overall protection of fundamental human rights of civil population. First way of development concerns the elements and qualification criteria. First of all the conjunction between crimes against humanity and war crimes has been eliminated. It made crimes against humanity as an independent criminal category. Said development has been affirmed by the Rome Statute of International Criminal Court and were reflected in the Statute of International Criminal Tribunal for the Rwanda (ICTR) and UN Draft Code of Offences Against Peace and Security of Mankind. The jurisprudence of International Criminal Tribunal for the former Yugoslavia (ICTY) has significantly amended the element of policy. It was established that crimes against humanity may be carried out by the organisation or political group which controls territory and performs civil, military, politic administration de facto as well. The United Nations Draft Code of the Offences Against Peace and Security of Mankind in 1991 has introduced two alternative qualification criteria: requirement of large scale or systematic actions. Large scale (or widespread) criteria has been introduced in order to eliminate an isolated inhumane act committed by a perpetrator acting on his own initiative and directed against a single or couple of victims. According to the said criteria crimes against humanity may be committed only as an massive, frequent, large scale action carried out collectively with considerable seriousness directed against multiplicity of victims. Systematic criteria means that crimes against humanity shall be result of systematic actions as a thoroughly organised and following a regular pattern on the basis of a common policy involving substantial public or private resources. ; Nusikaltimai žmoniškumui yra viena iš dinamiškiausių tarptautinės baudžiamosios teisės kategorijų. Ši sąvoka pirmą kartą buvo pavartota 1945 m. Niurnbergo karo tribunolo įstatuose išplėstiniam karo nusikaltimui įvardyti, tačiau ilgainiui buvo papildoma ir tapo savarankiškesnė. Niurnbergo tribunolo įstatuose pateiktą sąvoką galima apibūdinti šiais požymiais: nusikaltimai žmoniškumui gali būti įvykdyti prieš bet kokius civilius gyventojus tiek taikos, tiek karo metu, juos įvykdyti gali civilinės arba karinės valdžios pareigūnai, arba faktiniai agentai (politikos elementas), jų kvalifikacijai būtina sąsaja su karo nusikaltimais arba nusikaltimais taikai. Nusikaltimų žmoniškumui sąvoka plėtojosi dviem kryptimis. Pirmoji plėtros kryptis apėmė nusikaltimų žmoniškumui požymių ir kvalifikavimo kriterijų pokyčius. Pirmiausia buvo atsisakyta reikalavimo, kad nusikaltimų žmoniškumui kvalifikavimas turi būti siejamas su karo nusikaltimais arba nusikaltimais taikai. Šis pokytis lėmė nusikaltimų žmoniškumui kaip savarankiško nusikaltimo atsiradimą. Šią traktuotę patvirtino ir vėliausias tarptautinės baudžiamosios teisės šaltinis – Tarptautinio baudžiamojo teismo Romos statutas, ji taip pat atsispindėjo Jungtinių tautų nusikaltimų taikai ir žmonijos saugumui kodekso projekte, Tarptautinio tribunolo asmenims, atsakingiems už genocidą ir kitus sunkius tarptautinės humanitarinės teisės pažeidimus Ruandos teritorijoje teisti (Ruandos tribunolo) statute.
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.
