Suchergebnisse

In this work the author aspires to fully explore the importance of European Union law for the national criminal law. This is done by taking a closer look at the European Union law and how it is incorporated into national law. Author is analyzing different types of European Union legal acts and how they directly influence national and national criminal law. The first part of this paper is dedicated to the European Union legal acts types, their adoption procedures and how they influence Lithuanian legal system. It is analyzed how European Union law is influencing national legislation and the author mentions some aspects that should be taken into consideration when national law is being harmonized with European Union law requirements. In the second part of the work a direct look is taken at the primary and secondary European Union legal acts influence for the national criminal law system. Moreover, it is analyzed how European Union law is incorporated into national law and what influence it has. Finally, some of international conventions are reviewed, precisely the ones that have influence for national criminal law formation. In the final part of the paper particular institutes of national criminal law are examined. These are the institutes that are highly influenced by European Union legal acts, such as liability of natural an legal persons, stages in the commission of crime, aiding and abetting. The author analyses how European Union legal acts regarding the mentioned institutes are implemented in national criminal law. Besides, one of the most important European Union legal cooperation institutes is examined – the European Union arrest order. Its pros and cons are compared to previously adopted extradition mechanism.

In this work the author aspires to fully explore the importance of European Union law for the national criminal law. This is done by taking a closer look at the European Union law and how it is incorporated into national law. Author is analyzing different types of European Union legal acts and how they directly influence national and national criminal law. The first part of this paper is dedicated to the European Union legal acts types, their adoption procedures and how they influence Lithuanian legal system. It is analyzed how European Union law is influencing national legislation and the author mentions some aspects that should be taken into consideration when national law is being harmonized with European Union law requirements. In the second part of the work a direct look is taken at the primary and secondary European Union legal acts influence for the national criminal law system. Moreover, it is analyzed how European Union law is incorporated into national law and what influence it has. Finally, some of international conventions are reviewed, precisely the ones that have influence for national criminal law formation. In the final part of the paper particular institutes of national criminal law are examined. These are the institutes that are highly influenced by European Union legal acts, such as liability of natural an legal persons, stages in the commission of crime, aiding and abetting. The author analyses how European Union legal acts regarding the mentioned institutes are implemented in national criminal law. Besides, one of the most important European Union legal cooperation institutes is examined – the European Union arrest order. Its pros and cons are compared to previously adopted extradition mechanism.

Research problem In the present doctoral dissertation, the problematic issues of the institute of multiple offences are analysed. Multiple offences as an institute of criminal law is characterised as involving the problems of both the qualification of criminal offences and the individualisation of criminal liability. The problems of the qualification of criminal offences are relevant, when questions of the separation of single criminal acts from multiple offences are dealt with. When the existence of multiple offences is established, it is necessary to move on to the consideration of another problem—the individualisation of criminal liability. The individualisation of criminal liability depends on the form of multiple offences. Therefore, for the formation of a uniform case-law, homogeneous and clear criteria for the differentiation of the forms of multiple offences and their separation form each other are essential. When the forms of multiple offences are defined, it is necessary to evaluate their impact on the criminal liability of the person who committed the criminal act. Of course, the key influence on criminal liability manifests through the rules of the combination of sentences; however, one should not forget other topical issues (such as sentence suspension, release from a custodial sentence on parole and the replacement of the term not served of the custodial sentence with a more lenient penalty, statute of limitations of a judgement of conviction, etc.) the solution of which in one way or another depends on the existence of multiple offences. Moreover, sometimes it is necessary to deal with the problems of the separation of multiple offences from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law). Therefore, a number of such issues constitute the problem of the present research. The implementation of the principle of legal justice depends on appropriate and unvaried solution of these issues. Topicality, originality and significance of the research Multiple offences is a rather frequent phenomenon in the Lithuanian case-law; often persons are judged for several rather than single criminal acts. However, the criminal law jurisprudence still lacks a uniform attitude towards the issues regarding multiple offences. First, there exist different definitions of the notion of multiple offences itself, different forms of multiple offences are distinguished and their interpretations change, the criteria for the separation of single criminal acts from multiple offences vary (they often depend on the type of the criminal act committed). Special attention should be paid to the process of the individualisation of criminal liability in cases of multiple offences. In the case-law, the fact that prosecutors more and more often lodge appeals against the decisions of lower instances about improper combination of sentences is observed. In the case-law, the process of the combination of sentences has become 'forgotten', as often sentences are combined only formally (by adding 3–6 months of imprisonment) without any motivations regarding the choice of the additional sentence imposed. Moreover, after the entering into force of the new Criminal Code on 1 May 2003, due to the changes in case-law and the entrenchment of new ideas in the criminal law jurisprudence, it became crucial to revise the old and well-established provisions regarding multiple offences. Thus, even if the issues of multiple offences have been analysed for a rather long time, in the present dissertation, a new approach of the author as well as of other researchers to the institute of multiple offences is presented together with general considerations (and critical evaluations) on the newly developing case-law. Furthermore, with reference to the fact that the majority of the issues regarding multiple offences (except for the imposition of sentences) are not regulated by the Criminal Code and the decision-making is left for the case-law and the criminal law jurisprudence, the present paper may have great practical significance for the constantly changing and developing Lithuanian case-law in terms of the peculiarities of multiple offences. The aim and the tasks of the research The aim of the present doctoral dissertation is to develop a uniform attitude (corresponding to the needs of the theory of criminal law and the relevant case-law) towards the institute of multiple offences and the solution of problems related to it by generalising the experience and achievements of science and case-law. The tasks of the doctoral dissertation: 1) to define the notion of the institute of multiple offences and its elements by separating it from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law); 2) to develop uniform (by generalising and concretising the existing ones or by suggesting new ones) criteria for the separation of single criminal acts from multiple offences; 3) to review the existing variety of the forms of multiple offences found in the criminal law jurisprudence and distinguish the ones which would correspond to the needs of the Lithuanian case-law as well as define them by distinguishing and describing their characteristics and developing clear and uniform criteria for their separation form each other; 4) to identify the key problems related to the influence of multiple offences on the individualisation of criminal liability as well as to suggest the most appropriate ways of solving these problems; 5) to provide suggestions for the legislator and the courts regarding the development of the institute of multiple offences and the ways of solving the problems related to it. Propositions to be defended 1) Multiple offences must be related not to the fact of committing several criminal acts but to the legal evaluation of this fact—prosecution for committing several criminal acts. 2) Repeat offence should not be considered as an independent form of multiple offences and should be evaluated from the perspective of the perpetrator's personality. 3) In case-law, the separation of single criminal acts from multiple offences is often casuistic (depends on a particular category of cases), having no clear and well-established criteria and thus violating the principle of legal justice. 4) The key attributes of single criminal acts are a violation of a direct value or the whole of values protected under a specific norm of the Criminal Code as well as a united content of guilt. 5) The case-law of the recent years, which broadens the perception of the ideal coincidence of criminal acts, forms an incoherent and exceptions-based case-law. 6) In the cases of multiple offences, the rules for sentence imposition restrict the freedom of courts and disturb the appropriate individualisation of sentences; therefore, it is crucial to improve the laws. 7) In case-law, the process of the combination of sentences is 'forgotten' and often does not properly reflect the gravity of all the criminal acts committed; therefore, changes in laws orienting courts towards the case-law appropriate from the perspective of criminal policy are a must. Research methodology For the present doctoral dissertation, various methods of scientific research were applied: logical, comparative, historical, linguistic, systemic, method of criticism, document analysis, etc. Firstly, the logical method and the method of criticism were rather widely applied in the present dissertation. The logical method was applied for making generalisations and conclusions aiming at the development of the institute of multiple offences. The method of criticism was also applied: the author criticised case-law, opinions of scholars, the lack of argumentation for such opinions, etc. The logical method and the method of criticism allowed making the final conclusions and forming suggestions regarding the changes of law and the development of case-law. A lot of attention was paid to the method of comparative analysis. It was applied for the comparison of scientific conceptions and different opinions of scholars. In order to gain experience, the laws and case-law of different foreign countries were analysed and compared. The application of the historical method allowed revealing the drawbacks of the former laws and case-law (under the Criminal Code of 1961) as well as reviewing the origin of the institute of multiple offences and the history of certain terms. The linguistic method was applied for the analysis of the denominations of the forms of multiple offences (ideal and real coincidence of criminal acts) and the consideration of their ability to convey the actual meaning. A different variant of these terms, which linguistically better corresponds to the meaning of the forms of multiple offences, was suggested. For the present research, the systemic method was applied as well. It allowed revealing the structure of the institute of multiple offences, its elements, their interrelation and the place in the system of the bases for criminal liability. By applying this method, the drawbacks of certain notions as well as the use of excessive elements were identified. The main method applied for the research was the method of document analysis. As even the case-law of the Supreme Court of Lithuania contains rather numerous incongruities and contradictions, namely the rulings, decisions and summary reviews of the case-law of this court passed during the term of the Criminal Codes of 1961 as well as of 2003 being in force were chosen as the key source. However, the scope of analysis was not limited to the case-law of the Supreme Court of Lithuania. The case-law of the European Court of Human Rights, the Court of Appeal of Lithuania, the Vilnius and Panevežys Regional Courts as well as the District Court of Šiauliai Region was analysed. Structure and review of the doctoral dissertation, main conclusions The dissertation is c

Research problem In the present doctoral dissertation, the problematic issues of the institute of multiple offences are analysed. Multiple offences as an institute of criminal law is characterised as involving the problems of both the qualification of criminal offences and the individualisation of criminal liability. The problems of the qualification of criminal offences are relevant, when questions of the separation of single criminal acts from multiple offences are dealt with. When the existence of multiple offences is established, it is necessary to move on to the consideration of another problem—the individualisation of criminal liability. The individualisation of criminal liability depends on the form of multiple offences. Therefore, for the formation of a uniform case-law, homogeneous and clear criteria for the differentiation of the forms of multiple offences and their separation form each other are essential. When the forms of multiple offences are defined, it is necessary to evaluate their impact on the criminal liability of the person who committed the criminal act. Of course, the key influence on criminal liability manifests through the rules of the combination of sentences; however, one should not forget other topical issues (such as sentence suspension, release from a custodial sentence on parole and the replacement of the term not served of the custodial sentence with a more lenient penalty, statute of limitations of a judgement of conviction, etc.) the solution of which in one way or another depends on the existence of multiple offences. Moreover, sometimes it is necessary to deal with the problems of the separation of multiple offences from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law). Therefore, a number of such issues constitute the problem of the present research. The implementation of the principle of legal justice depends on appropriate and unvaried solution of these issues. Topicality, originality and significance of the research Multiple offences is a rather frequent phenomenon in the Lithuanian case-law; often persons are judged for several rather than single criminal acts. However, the criminal law jurisprudence still lacks a uniform attitude towards the issues regarding multiple offences. First, there exist different definitions of the notion of multiple offences itself, different forms of multiple offences are distinguished and their interpretations change, the criteria for the separation of single criminal acts from multiple offences vary (they often depend on the type of the criminal act committed). Special attention should be paid to the process of the individualisation of criminal liability in cases of multiple offences. In the case-law, the fact that prosecutors more and more often lodge appeals against the decisions of lower instances about improper combination of sentences is observed. In the case-law, the process of the combination of sentences has become 'forgotten', as often sentences are combined only formally (by adding 3–6 months of imprisonment) without any motivations regarding the choice of the additional sentence imposed. Moreover, after the entering into force of the new Criminal Code on 1 May 2003, due to the changes in case-law and the entrenchment of new ideas in the criminal law jurisprudence, it became crucial to revise the old and well-established provisions regarding multiple offences. Thus, even if the issues of multiple offences have been analysed for a rather long time, in the present dissertation, a new approach of the author as well as of other researchers to the institute of multiple offences is presented together with general considerations (and critical evaluations) on the newly developing case-law. Furthermore, with reference to the fact that the majority of the issues regarding multiple offences (except for the imposition of sentences) are not regulated by the Criminal Code and the decision-making is left for the case-law and the criminal law jurisprudence, the present paper may have great practical significance for the constantly changing and developing Lithuanian case-law in terms of the peculiarities of multiple offences. The aim and the tasks of the research The aim of the present doctoral dissertation is to develop a uniform attitude (corresponding to the needs of the theory of criminal law and the relevant case-law) towards the institute of multiple offences and the solution of problems related to it by generalising the experience and achievements of science and case-law. The tasks of the doctoral dissertation: 1) to define the notion of the institute of multiple offences and its elements by separating it from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law); 2) to develop uniform (by generalising and concretising the existing ones or by suggesting new ones) criteria for the separation of single criminal acts from multiple offences; 3) to review the existing variety of the forms of multiple offences found in the criminal law jurisprudence and distinguish the ones which would correspond to the needs of the Lithuanian case-law as well as define them by distinguishing and describing their characteristics and developing clear and uniform criteria for their separation form each other; 4) to identify the key problems related to the influence of multiple offences on the individualisation of criminal liability as well as to suggest the most appropriate ways of solving these problems; 5) to provide suggestions for the legislator and the courts regarding the development of the institute of multiple offences and the ways of solving the problems related to it. Propositions to be defended 1) Multiple offences must be related not to the fact of committing several criminal acts but to the legal evaluation of this fact—prosecution for committing several criminal acts. 2) Repeat offence should not be considered as an independent form of multiple offences and should be evaluated from the perspective of the perpetrator's personality. 3) In case-law, the separation of single criminal acts from multiple offences is often casuistic (depends on a particular category of cases), having no clear and well-established criteria and thus violating the principle of legal justice. 4) The key attributes of single criminal acts are a violation of a direct value or the whole of values protected under a specific norm of the Criminal Code as well as a united content of guilt. 5) The case-law of the recent years, which broadens the perception of the ideal coincidence of criminal acts, forms an incoherent and exceptions-based case-law. 6) In the cases of multiple offences, the rules for sentence imposition restrict the freedom of courts and disturb the appropriate individualisation of sentences; therefore, it is crucial to improve the laws. 7) In case-law, the process of the combination of sentences is 'forgotten' and often does not properly reflect the gravity of all the criminal acts committed; therefore, changes in laws orienting courts towards the case-law appropriate from the perspective of criminal policy are a must. Research methodology For the present doctoral dissertation, various methods of scientific research were applied: logical, comparative, historical, linguistic, systemic, method of criticism, document analysis, etc. Firstly, the logical method and the method of criticism were rather widely applied in the present dissertation. The logical method was applied for making generalisations and conclusions aiming at the development of the institute of multiple offences. The method of criticism was also applied: the author criticised case-law, opinions of scholars, the lack of argumentation for such opinions, etc. The logical method and the method of criticism allowed making the final conclusions and forming suggestions regarding the changes of law and the development of case-law. A lot of attention was paid to the method of comparative analysis. It was applied for the comparison of scientific conceptions and different opinions of scholars. In order to gain experience, the laws and case-law of different foreign countries were analysed and compared. The application of the historical method allowed revealing the drawbacks of the former laws and case-law (under the Criminal Code of 1961) as well as reviewing the origin of the institute of multiple offences and the history of certain terms. The linguistic method was applied for the analysis of the denominations of the forms of multiple offences (ideal and real coincidence of criminal acts) and the consideration of their ability to convey the actual meaning. A different variant of these terms, which linguistically better corresponds to the meaning of the forms of multiple offences, was suggested. For the present research, the systemic method was applied as well. It allowed revealing the structure of the institute of multiple offences, its elements, their interrelation and the place in the system of the bases for criminal liability. By applying this method, the drawbacks of certain notions as well as the use of excessive elements were identified. The main method applied for the research was the method of document analysis. As even the case-law of the Supreme Court of Lithuania contains rather numerous incongruities and contradictions, namely the rulings, decisions and summary reviews of the case-law of this court passed during the term of the Criminal Codes of 1961 as well as of 2003 being in force were chosen as the key source. However, the scope of analysis was not limited to the case-law of the Supreme Court of Lithuania. The case-law of the European Court of Human Rights, the Court of Appeal of Lithuania, the Vilnius and Panevežys Regional Courts as well as the District Court of Šiauliai Region was analysed. Structure and review of the doctoral dissertation, main conclusions The dissertation is c

The subject matter of master thesis is the concept of the crime of genocide in national and international law. Analysis begins by explaining the origins of this concept and following it's evolution in both legal systems. In order to give a full and particular account on the notion of the crime of genocide, the concept is examined by splitting it into several different elements, while using the traditional scheme of analysis in Lithuanian criminal law (object, objective side, subject and subjective side are researched separately). Master thesis also points out the problems related to defining the meaning of separate elements of the concept of genocide. By examining and comparing various opinions expressed by official institutions and scientists on these questions, author seeks to find a solution which poses least problems in legal and practical terms. In master thesis attention is also given to comparative analysis of the concept of genocide in national and international law. Author examines the differences between these concepts and historical, legal and political reasons behind said differences and their present and possible impact to criminal law theory and practice. Master thesis was written while using international legal documents (Convention on the prevention and punishment of the crime of genocide, statutes of international criminal tribunals, the Statute of International Criminal Court), international and national case law, Lithuanian legal acts, scientific literature. In author's opinion, given analysis is useful to persons, who specialize in criminal law, to law students and generally to everyone interested in the so-called "crime of crimes" – genocide.

The subject matter of master thesis is the concept of the crime of genocide in national and international law. Analysis begins by explaining the origins of this concept and following it's evolution in both legal systems. In order to give a full and particular account on the notion of the crime of genocide, the concept is examined by splitting it into several different elements, while using the traditional scheme of analysis in Lithuanian criminal law (object, objective side, subject and subjective side are researched separately). Master thesis also points out the problems related to defining the meaning of separate elements of the concept of genocide. By examining and comparing various opinions expressed by official institutions and scientists on these questions, author seeks to find a solution which poses least problems in legal and practical terms. In master thesis attention is also given to comparative analysis of the concept of genocide in national and international law. Author examines the differences between these concepts and historical, legal and political reasons behind said differences and their present and possible impact to criminal law theory and practice. Master thesis was written while using international legal documents (Convention on the prevention and punishment of the crime of genocide, statutes of international criminal tribunals, the Statute of International Criminal Court), international and national case law, Lithuanian legal acts, scientific literature. In author's opinion, given analysis is useful to persons, who specialize in criminal law, to law students and generally to everyone interested in the so-called "crime of crimes" – genocide.

This Master's thesis analyzes peculiarities of application of the liability of a legal entity's member under the legal entity's obligations in Lithuanian case-law. The first part deals with theories on the origin of a legal entity and their impact on the liability of a legal entity's member, analyzes the institution of a member's liability under the legal entity's obligations, discusses models of the liability of a legal entity's member and determines the origin of the liability of a legal entity's member under the legal entity's obligations based on interpretations of courts and the doctrine as well as on an analysis of legal norms. The second part discusses peculiarities of a legal status of members of legal entities with limited and unlimited liabilities, analyzes interpretations of the conception of a legal entity's member in Lithuanian case-law and legal doctrine and also deals with contradictions in legislation and problematic aspects of the case-law related to peculiarities of a legal status of members of legal entities with limited and unlimited liabilities. The third part of the thesis discusses grounds for the liability of a legal entity's member under the legal entity's obligations and their application in Lithuanian case-law. The part deals with cases of a member's liability under the legal entity's obligations on the basis of laws and incorporation documents, analyzes conditions for application of a member's liability under the legal entity's obligations as a result of fraudulent actions of the member, reviews cases when these conditions were applied in Lithuanian case-law, discusses problematic aspects of their practical application, assesses consequences of application of the member's liability. The fourth part discusses peculiarities of application of the liability of a member of a legal entity with unlimited liability under the legal entity's obligations in Lithuanian case-law. Peculiarities of the liability of a member of a legal entity with unlimited liability in the recovery procedures are also analyzed. Interpretations of courts regarding application of the liability of a member of a legal entity with unlimited liability under the legal entity's obligations during bankruptcy proceedings are reviewed and practical application problems are discussed. Moreover, cases of the liability of a member of a legal entity with unlimited liability after liquidation of the legal entity are analyzed. At the end conclusions summarizing the paper, suggestions and recommendations are presented.

This Master's thesis analyzes peculiarities of application of the liability of a legal entity's member under the legal entity's obligations in Lithuanian case-law. The first part deals with theories on the origin of a legal entity and their impact on the liability of a legal entity's member, analyzes the institution of a member's liability under the legal entity's obligations, discusses models of the liability of a legal entity's member and determines the origin of the liability of a legal entity's member under the legal entity's obligations based on interpretations of courts and the doctrine as well as on an analysis of legal norms. The second part discusses peculiarities of a legal status of members of legal entities with limited and unlimited liabilities, analyzes interpretations of the conception of a legal entity's member in Lithuanian case-law and legal doctrine and also deals with contradictions in legislation and problematic aspects of the case-law related to peculiarities of a legal status of members of legal entities with limited and unlimited liabilities. The third part of the thesis discusses grounds for the liability of a legal entity's member under the legal entity's obligations and their application in Lithuanian case-law. The part deals with cases of a member's liability under the legal entity's obligations on the basis of laws and incorporation documents, analyzes conditions for application of a member's liability under the legal entity's obligations as a result of fraudulent actions of the member, reviews cases when these conditions were applied in Lithuanian case-law, discusses problematic aspects of their practical application, assesses consequences of application of the member's liability. The fourth part discusses peculiarities of application of the liability of a member of a legal entity with unlimited liability under the legal entity's obligations in Lithuanian case-law. Peculiarities of the liability of a member of a legal entity with unlimited liability in the recovery procedures are also analyzed. Interpretations of courts regarding application of the liability of a member of a legal entity with unlimited liability under the legal entity's obligations during bankruptcy proceedings are reviewed and practical application problems are discussed. Moreover, cases of the liability of a member of a legal entity with unlimited liability after liquidation of the legal entity are analyzed. At the end conclusions summarizing the paper, suggestions and recommendations are presented.

Subject of Master's thesis is the criminal responsibility for cruelty to animals and the concept of legal regulation in the Lithuanian and foreign laws, and in court practice too. The Master's thesis gives the historical review of evolution of criminalization of the legislation on protection of animals and ill treatment of them. In the Thesis the analysis of legal acts of selected foreign countries (USA, Russia, Germany and European Union) is made. Are analyzed the legal acts providing criminal sanction for ill treatment of animals, and are discussed the gaps of legal base of mentioned countries. In the Master's thesis the laws existing now in Lithuania and also international treaties which regulate welfare of animals are considered. It is made the detailed analysis of the contents of the Article 310 of the Criminal code of the Republic of Lithuanian, which provides the criminal responsibility for cruelty to animals. On examples of court practice by means of analytical and verbal methods of statutory interpretation of rules of law the shortcomings of a disposition of this legal norm come to light, and also ways of their emendation are offered. In the Master's thesis the suggestions for a solution of the problem of euthanasia of animals are provided, and also provisions of draft of the Republic of Lithuania Law on welfare and protection of animals regulating a concept of ill treatment of animals, are considered. Considering aspects of the problem formulated in this Master's thesis, it is defending the hypothesis that because of an insufficient legal regulation there are practical problems of application of Criminal law's norms in cases of cruelty to animals.

Subject of Master's thesis is the criminal responsibility for cruelty to animals and the concept of legal regulation in the Lithuanian and foreign laws, and in court practice too. The Master's thesis gives the historical review of evolution of criminalization of the legislation on protection of animals and ill treatment of them. In the Thesis the analysis of legal acts of selected foreign countries (USA, Russia, Germany and European Union) is made. Are analyzed the legal acts providing criminal sanction for ill treatment of animals, and are discussed the gaps of legal base of mentioned countries. In the Master's thesis the laws existing now in Lithuania and also international treaties which regulate welfare of animals are considered. It is made the detailed analysis of the contents of the Article 310 of the Criminal code of the Republic of Lithuanian, which provides the criminal responsibility for cruelty to animals. On examples of court practice by means of analytical and verbal methods of statutory interpretation of rules of law the shortcomings of a disposition of this legal norm come to light, and also ways of their emendation are offered. In the Master's thesis the suggestions for a solution of the problem of euthanasia of animals are provided, and also provisions of draft of the Republic of Lithuania Law on welfare and protection of animals regulating a concept of ill treatment of animals, are considered. Considering aspects of the problem formulated in this Master's thesis, it is defending the hypothesis that because of an insufficient legal regulation there are practical problems of application of Criminal law's norms in cases of cruelty to animals.

The author of this scientific work analyzed the confiscation of property, as one of the criminal sanctions. The aim - to find out the confiscation purposes. First, based on analysis of documents method, were examined international law, which, as one of the criminal law enforcement measures are set out in the confiscation of property. This implied that the purpose of confiscation is associated with the intended purpose, that person can not get profit from the offense. In Lithuania criminal law confiscation purpose is best understood in the context of appling this criminal sanction. It should be noted that the confiscation conception of Lithuania was changed, from the Soviet confiscation as an additional punishment to the current concept of criminal sanctions. Based on the analysis method was studied the asset which can be confiscated. The biggest problem is the confiscation of property from third parties in Lithuania. Finally, the work is completed considering extended confiscation as new criminal sanction. Using the comparative method was examined confiscation conditions of some Western European countries. In conclusion it can be said that Western countries, opposite as in Lithuania, are avoiding to use extended confiscation for the third parties. A review of the European Court of Human Rights to conclude that in Lithuania, the confiscation of assets, and expanded the conditions for confiscation of assets from third parties, does not fully comply with the practice of European Court of Human Rights. In order to respect the personal rights of the defense, it is necessary to improve both the criminal and criminal procedure code. Improvement of legislation on this issue should be a priority otherwise it would be a lot of negative consequences of a person because it can lead to inappropriate use of confiscation.

The author of this scientific work analyzed the confiscation of property, as one of the criminal sanctions. The aim - to find out the confiscation purposes. First, based on analysis of documents method, were examined international law, which, as one of the criminal law enforcement measures are set out in the confiscation of property. This implied that the purpose of confiscation is associated with the intended purpose, that person can not get profit from the offense. In Lithuania criminal law confiscation purpose is best understood in the context of appling this criminal sanction. It should be noted that the confiscation conception of Lithuania was changed, from the Soviet confiscation as an additional punishment to the current concept of criminal sanctions. Based on the analysis method was studied the asset which can be confiscated. The biggest problem is the confiscation of property from third parties in Lithuania. Finally, the work is completed considering extended confiscation as new criminal sanction. Using the comparative method was examined confiscation conditions of some Western European countries. In conclusion it can be said that Western countries, opposite as in Lithuania, are avoiding to use extended confiscation for the third parties. A review of the European Court of Human Rights to conclude that in Lithuania, the confiscation of assets, and expanded the conditions for confiscation of assets from third parties, does not fully comply with the practice of European Court of Human Rights. In order to respect the personal rights of the defense, it is necessary to improve both the criminal and criminal procedure code. Improvement of legislation on this issue should be a priority otherwise it would be a lot of negative consequences of a person because it can lead to inappropriate use of confiscation.

The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.

The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.

The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.