Suchergebnisse

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

Having arrived at the conclusion that principles inherent in national legal systems of the member states cannot constitute the basis for substantiating state liability for the acts attributable to courts of final instance, the author invokes the method of teleological interpretation and examines whether it is enough to base the doctrine of state liability for the acts attributable to national courts of final instance on the principle of effectiveness. The author concludes that the ECJ acts within the framework of the EC Treaty and the object and the purpose of the Treaty require a state to be liable for the act attributable to a court of final instance if it adopts a decision that is incompatible with the EC law.

Having arrived at the conclusion that principles inherent in national legal systems of the member states cannot constitute the basis for substantiating state liability for the acts attributable to courts of final instance, the author invokes the method of teleological interpretation and examines whether it is enough to base the doctrine of state liability for the acts attributable to national courts of final instance on the principle of effectiveness. The author concludes that the ECJ acts within the framework of the EC Treaty and the object and the purpose of the Treaty require a state to be liable for the act attributable to a court of final instance if it adopts a decision that is incompatible with the EC law.

Concerning the most complicated element of the non bis in idem, i.e. the notion of the "same acts", the Court had adopted the broad factual approach. The relevant criterion for the purposes of the application of the principle is the identity of the material acts understood as the existence of a set of facts which are inextricably linked together, irrespective of the legal classification or the legal interest protected. However, the definitive assessment in this regard is a matter for the competent national courts which must determine whether the material acts constitute a set of facts which are inextricably linked together in time, in space and by their subject-matter. The variety of the situations where this criterion was applied by the Court is analysed in the second part of the article. The authors make an attempt to distinguish the specific features of the "same acts" in the context of the trans-European non bis in idem principle in comparison with the purely national context and identify the eventual impact of the application of the transnational non bis in idem rule to the qualification of the offences.

Concerning the most complicated element of the non bis in idem, i.e. the notion of the "same acts", the Court had adopted the broad factual approach. The relevant criterion for the purposes of the application of the principle is the identity of the material acts understood as the existence of a set of facts which are inextricably linked together, irrespective of the legal classification or the legal interest protected. However, the definitive assessment in this regard is a matter for the competent national courts which must determine whether the material acts constitute a set of facts which are inextricably linked together in time, in space and by their subject-matter. The variety of the situations where this criterion was applied by the Court is analysed in the second part of the article. The authors make an attempt to distinguish the specific features of the "same acts" in the context of the trans-European non bis in idem principle in comparison with the purely national context and identify the eventual impact of the application of the transnational non bis in idem rule to the qualification of the offences.

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.

Theft is one of the most frequently committed crimes not only in Lithuania, but also in other countries all over the world. Lithuanian legislator pays quite much attention for the prevention and control of this crime, regularly improves and amends the laws, prividing a criminal liability for theft. These legal regulations are not always properly incorporated into the entire system of regulations of the Lithuanian Criminal Code, which leads to difficulties of their practical application, problems disassociating similar criminal acts to property from different judicial proceedings in such cases. That makes this topic relevant for both – theoretical and practical aspects. The objective of this work was to reveal the conception of theft as a social phenomenon and to explore the problems of regulation of criminal liability for theft in the Lithuanian Criminal Code. The main tasks set for this work were the following: to perform the research of development of the conception of penal liability for theft and the laws regulating it in the Respublic of Lithuania and other countries; to reveal the composition of theft, and to compare the similarities and differences of theft composition between criminal laws of the Respublic of Lithuania and foreign countries; to analyse and compare the aggravating features of theft between criminal laws of the Respublic of Lithuania and foreign countries; to discuss the main aspects and problems of sentences for theft in Lithuanian Republic, to reveal the differences between theft and other crimes for property and the common problems in practical application of the law governing these crimes. Various methods of research were used when writting this work: logical method was used for interpretation of theoretical and practical material, for revealing of the content of legal regulations of law and representing the findings. The penal liability for theft provided in the criminal code of the Republic of Lithuania was compared to the liability for this cime provided in criminal laws of foreign countries using a method of comparative analysis. Systemic analysis method was used to investigate the concept of criminal liability for theft, composition and aggravating features of this crime, its differences from other similar offenses and punishment issues, according to the criminal laws of the Respublic of Lithuania and foreign criminal law. Historical method was used to explore the laws regulating the criminal liability for theft and the development of the concept of theft in Lithuanian Republic. Besides to the above mentioned, linguistic, statistical analysis and other methods were used in the work, too.

Theft is one of the most frequently committed crimes not only in Lithuania, but also in other countries all over the world. Lithuanian legislator pays quite much attention for the prevention and control of this crime, regularly improves and amends the laws, prividing a criminal liability for theft. These legal regulations are not always properly incorporated into the entire system of regulations of the Lithuanian Criminal Code, which leads to difficulties of their practical application, problems disassociating similar criminal acts to property from different judicial proceedings in such cases. That makes this topic relevant for both – theoretical and practical aspects. The objective of this work was to reveal the conception of theft as a social phenomenon and to explore the problems of regulation of criminal liability for theft in the Lithuanian Criminal Code. The main tasks set for this work were the following: to perform the research of development of the conception of penal liability for theft and the laws regulating it in the Respublic of Lithuania and other countries; to reveal the composition of theft, and to compare the similarities and differences of theft composition between criminal laws of the Respublic of Lithuania and foreign countries; to analyse and compare the aggravating features of theft between criminal laws of the Respublic of Lithuania and foreign countries; to discuss the main aspects and problems of sentences for theft in Lithuanian Republic, to reveal the differences between theft and other crimes for property and the common problems in practical application of the law governing these crimes. Various methods of research were used when writting this work: logical method was used for interpretation of theoretical and practical material, for revealing of the content of legal regulations of law and representing the findings. The penal liability for theft provided in the criminal code of the Republic of Lithuania was compared to the liability for this cime provided in criminal laws of foreign countries using a method of comparative analysis. Systemic analysis method was used to investigate the concept of criminal liability for theft, composition and aggravating features of this crime, its differences from other similar offenses and punishment issues, according to the criminal laws of the Respublic of Lithuania and foreign criminal law. Historical method was used to explore the laws regulating the criminal liability for theft and the development of the concept of theft in Lithuanian Republic. Besides to the above mentioned, linguistic, statistical analysis and other methods were used in the work, too.

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.

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.

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.