Suchergebnisse

Summary When Lithuania joined the European Union on 1 May 2004, the law of European Communities became an integral part of law of the Republic of Lithuania. While the system of criminal law sources is expanding, whereby one legal norm complements or replaces another or there is a competition between them, objective and subjective reasons which cause the occurrence of potential judicial errors tend to arise. In this respect, the official doctrines of the Constitutional Court of the Republic of Lithuania and the formation of uniform judicial practice of the Supreme Court of the Republic of Lithuania become increasingly important. The aim of the present thesis is to review in principle the established system of criminal law sources in a systematic manner by expanding it with new forms of kinds of legal sources, presenting the concept of the EU acquis and certain peculiarities of co-operation between courts and the police in the European Union, inter alia the paper reveals: 1) the semantic importance of the use of legal terminology and criteria for distinguishing sources of legal norms and sources of legal thought; 2) specifics of criminal law sources of the Republic of Lithuania and ideas reflected in them during various stages of the evolution of the state and legal sources and priorities of changed protected legal values in the new Criminal Code of the Rpulic of Lithuania; 3) subornation and correlation of standard sources of criminal law; 4) the content of different forms of criminal law sources and relationship with others sources, examples of judicial practice, potential problems and their solutions, the significance of alternative legal sources and their relation to criminal law through the logical structure of criminal law norm as well as examples when sources of other branches of law become ad hoc and criminal law sources; 5) concrete examples aimed at proving the application of generally accepted principles in criminal law and their constitutionalised recognition as Lithuanian criminal law sources; 6) the issue of independence of courts, the significance of recognition of court judgements and official doctrine as criminal law sources in the context of enforcing justice by emphasising the growing importance of the Constitutional Court in the negative and positive legislation process; 7) attention is paid to active participation of criminal law scholars by amending, supplementing or repealing norms of criminal law sources in the processes of criminalisation and decriminalisation, penalisation and depenalisation in order to avoid chaotic criminal law source replacement procedures initiated by the legislator. The conclusions formulated at the end of this thesis reflect the key aspects of results achieved during this study

Summary When Lithuania joined the European Union on 1 May 2004, the law of European Communities became an integral part of law of the Republic of Lithuania. While the system of criminal law sources is expanding, whereby one legal norm complements or replaces another or there is a competition between them, objective and subjective reasons which cause the occurrence of potential judicial errors tend to arise. In this respect, the official doctrines of the Constitutional Court of the Republic of Lithuania and the formation of uniform judicial practice of the Supreme Court of the Republic of Lithuania become increasingly important. The aim of the present thesis is to review in principle the established system of criminal law sources in a systematic manner by expanding it with new forms of kinds of legal sources, presenting the concept of the EU acquis and certain peculiarities of co-operation between courts and the police in the European Union, inter alia the paper reveals: 1) the semantic importance of the use of legal terminology and criteria for distinguishing sources of legal norms and sources of legal thought; 2) specifics of criminal law sources of the Republic of Lithuania and ideas reflected in them during various stages of the evolution of the state and legal sources and priorities of changed protected legal values in the new Criminal Code of the Rpulic of Lithuania; 3) subornation and correlation of standard sources of criminal law; 4) the content of different forms of criminal law sources and relationship with others sources, examples of judicial practice, potential problems and their solutions, the significance of alternative legal sources and their relation to criminal law through the logical structure of criminal law norm as well as examples when sources of other branches of law become ad hoc and criminal law sources; 5) concrete examples aimed at proving the application of generally accepted principles in criminal law and their constitutionalised recognition as Lithuanian criminal law sources; 6) the issue of independence of courts, the significance of recognition of court judgements and official doctrine as criminal law sources in the context of enforcing justice by emphasising the growing importance of the Constitutional Court in the negative and positive legislation process; 7) attention is paid to active participation of criminal law scholars by amending, supplementing or repealing norms of criminal law sources in the processes of criminalisation and decriminalisation, penalisation and depenalisation in order to avoid chaotic criminal law source replacement procedures initiated by the legislator. The conclusions formulated at the end of this thesis reflect the key aspects of results achieved during this study

The mere mention of the body captures the attention. However, criminal law considers it only through the human person and the protection purposes of the latter. The human body is reflected through protected social values which are part and parcel of the person, or more generally of the human being, but it is rarely considered as such. The body, being concealed behind these values, questions its position under criminal law. This study is intented to reverse the traditional approach by addressing the body for what it is and not through the values it conveys.The analysis of the position of the body under criminal law reveals its frequent concealment behind the person. When the body is tackled as an individual object, then the legislator seems to associate it with a protected social value. Yet, this first impression is misleading since it forms only the substratum. Life, physical integrity or dignity are certainly inherent to the body but the latter being only the solid support to convey those abstract notions. All this leads to an unsatisfactory legal regime, firstly because the treatment accorded to protected social values is not suitable to the body and secondly, because when treated outside the person lens, the body is the subject of a flawed apprehension. Faced with these inconsistencies, this study aims to renew the legal regime granted to the human body by applying the rules on the pre-existing legal categories- things and people. By taking advantage of the criminal law regarding people and of criminal law regarding property, a renewed understanding of the body emerges in criminal law. ; La seule évocation du corps humain éveille l'attention. Pourtant, le droit pénal ne s'en saisit qu'à travers la personne humaine et aux fins de protection de cette dernière. Le corps humain apparaît au travers des valeurs sociales protégées consubstantielles à la personne, ou plus généralement à l'humain, mais rarement en tant que tel. Dissimulé derrière ces valeurs, le corps interroge quant à la place que lui accorde le ...

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.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

The mere mention of the body captures the attention. However, criminal law considers it only through the human person and the protection purposes of the latter. The human body is reflected through protected social values which are part and parcel of the person, or more generally of the human being, but it is rarely considered as such. The body, being concealed behind these values, questions its position under criminal law. This study is intented to reverse the traditional approach by addressing the body for what it is and not through the values it conveys.The analysis of the position of the body under criminal law reveals its frequent concealment behind the person. When the body is tackled as an individual object, then the legislator seems to associate it with a protected social value. Yet, this first impression is misleading since it forms only the substratum. Life, physical integrity or dignity are certainly inherent to the body but the latter being only the solid support to convey those abstract notions. All this leads to an unsatisfactory legal regime, firstly because the treatment accorded to protected social values is not suitable to the body and secondly, because when treated outside the person lens, the body is the subject of a flawed apprehension. Faced with these inconsistencies, this study aims to renew the legal regime granted to the human body by applying the rules on the pre-existing legal categories- things and people. By taking advantage of the criminal law regarding people and of criminal law regarding property, a renewed understanding of the body emerges in criminal law. ; La seule évocation du corps humain éveille l'attention. Pourtant, le droit pénal ne s'en saisit qu'à travers la personne humaine et aux fins de protection de cette dernière. Le corps humain apparaît au travers des valeurs sociales protégées consubstantielles à la personne, ou plus généralement à l'humain, mais rarement en tant que tel. Dissimulé derrière ces valeurs, le corps interroge quant à la place que lui accorde le droit pénal. Cette étude se propose de renverser la perspective classique en appréhendant le corps non pas au travers des valeurs qu'il véhicule, mais pour ce qu'il est. L'analyse de la place du corps en droit pénal révèle sa dissimulation fréquente derrière la personne. Lorsqu'il est appréhendé comme un objet autonome, le législateur semble l'assimiler à une valeur sociale protégée. Or, cette première impression est trompeuse car il n'en constitue que le substrat. La vie, l'intégrité physique ou encore la dignité lui sont certes inhérentes, mais le corps n'est que le support concret qui véhicule ces notions abstraites. Il en découle un régime peu satisfaisant, d'une part parce que le traitement réservé aux valeurs sociales protégées ne lui est pas adapté et, d'autre part, car lorsqu'il est traité en dehors du prisme de la personne, il fait l'objet d'une appréhension lacunaire.Face à ces incohérences, cette étude se propose de renouveler le régime octroyé au corps humain en lui appliquant les règles relatives aux catégories juridiques préexistantes – les choses et les personnes. Tirant profit du droit pénal de la personne et du droit pénal des biens, une conception renouvelée du corps émerge en droit pénal.

The mere mention of the body captures the attention. However, criminal law considers it only through the human person and the protection purposes of the latter. The human body is reflected through protected social values which are part and parcel of the person, or more generally of the human being, but it is rarely considered as such. The body, being concealed behind these values, questions its position under criminal law. This study is intented to reverse the traditional approach by addressing the body for what it is and not through the values it conveys.The analysis of the position of the body under criminal law reveals its frequent concealment behind the person. When the body is tackled as an individual object, then the legislator seems to associate it with a protected social value. Yet, this first impression is misleading since it forms only the substratum. Life, physical integrity or dignity are certainly inherent to the body but the latter being only the solid support to convey those abstract notions. All this leads to an unsatisfactory legal regime, firstly because the treatment accorded to protected social values is not suitable to the body and secondly, because when treated outside the person lens, the body is the subject of a flawed apprehension. Faced with these inconsistencies, this study aims to renew the legal regime granted to the human body by applying the rules on the pre-existing legal categories- things and people. By taking advantage of the criminal law regarding people and of criminal law regarding property, a renewed understanding of the body emerges in criminal law. ; La seule évocation du corps humain éveille l'attention. Pourtant, le droit pénal ne s'en saisit qu'à travers la personne humaine et aux fins de protection de cette dernière. Le corps humain apparaît au travers des valeurs sociales protégées consubstantielles à la personne, ou plus généralement à l'humain, mais rarement en tant que tel. Dissimulé derrière ces valeurs, le corps interroge quant à la place que lui accorde le droit pénal. Cette étude se propose de renverser la perspective classique en appréhendant le corps non pas au travers des valeurs qu'il véhicule, mais pour ce qu'il est. L'analyse de la place du corps en droit pénal révèle sa dissimulation fréquente derrière la personne. Lorsqu'il est appréhendé comme un objet autonome, le législateur semble l'assimiler à une valeur sociale protégée. Or, cette première impression est trompeuse car il n'en constitue que le substrat. La vie, l'intégrité physique ou encore la dignité lui sont certes inhérentes, mais le corps n'est que le support concret qui véhicule ces notions abstraites. Il en découle un régime peu satisfaisant, d'une part parce que le traitement réservé aux valeurs sociales protégées ne lui est pas adapté et, d'autre part, car lorsqu'il est traité en dehors du prisme de la personne, il fait l'objet d'une appréhension lacunaire.Face à ces incohérences, cette étude se propose de renouveler le régime octroyé au corps humain en lui appliquant les règles relatives aux catégories juridiques préexistantes – les choses et les personnes. Tirant profit du droit pénal de la personne et du droit pénal des biens, une conception renouvelée du corps émerge en droit pénal.

Studying the family link from a criminal law perspective may seem paradoxical at first sight. Yet this is not the case since the confrontation between these two concepts is as ineluctable as is it necessary. The examination of the impacts of the family link on the repressive rules falls within a multidisciplinary approach and sheds light on two conceptions, whose limits are constantly changing. The purpose of this study is to analyse the current phenomenon of transformation in the criminal protection of families through observation and research; and to break down the principles governing it, so as to better grasp the situation and to give a new orientation towards future implementations. The study reveals the existence of an overall disinterest of the repressive field in the family link precisely where its consideration is a fundamental criterion in the construction and consistent implementation of criminal rules. The purpose of this research is to analyse the existing body of repressive laws and regulations currently in use as well as to establish an unprecedented classification of family offenses. The creation of a functional typology of family offenses in criminal law will make it possible to provide tailored legal tools to deal with this dilemma and to implement a specific criminal policy regarding the family. This endeavour challenges the very existence of the family link in criminal justice and demands not only that it be reintegrated into criminal law at the initial stage of classifying family offenses, but also that it be subsequently taken into consideration when dealing with these offenses. ; Confronter le lien familial au droit pénal peut sembler paradoxal. La contradiction s'efface cependant devant le caractère inéluctable et nécessaire de cette rencontre. L'étude de l'impact spécifique de la présence du lien de famille sur les règles répressives s'inscrit dans une perspective pluridisciplinaire et propose de mettre en présence deux objets dont les frontières évoluent constamment. À travers une double perspective d'observation et de prospection, cette recherche propose d'analyser le phénomène actuel de mutation de la protection pénale de la famille et de découvrir les principes qui lui sont propres, dans le but de mieux le saisir et de pouvoir en réorienter les applications futures. L'examen révèle l'existence d'un désintérêt répressif global à l'encontre du lien familial à l'endroit où sa prise en compte constitue un atout fondamental pour l'édification et la mise en œuvre cohérente des règles pénales. Cette étude propose d'analyser l'arsenal répressif existant et se donne pour objectif l'édification théorique d'une classification inédite des infractions familiales. La réalisation d'une typologie fonctionnelle de l'infraction familiale en droit pénal permet de pouvoir lui attribuer un outil de traitement procédural adapté à ses spécificités et d'aboutir à la mise en œuvre d'une politique pénale familiale spécifique. Cette ambition questionne la réalité du lien familial pénal et appelle, d'une part, à réinsérer le droit pénal dans le lien familial au stade de la classification des infractions familiales, et, d'autre part, à intégrer le lien familial dans le droit pénal au stade du traitement des infractions familiales.

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.