Suchergebnisse

In Master's thesis is analyzing illegal enrichment - an activity that is receiving increasing attention in field of international and national law. Before the law was passed, were set goals that mentioned composition, consolidated in the Criminal Code that would be able to manage the shadow business and income it generates, prevent individuals from illegally enriching themselves in the future and possibility to confiscate property received from illegal income. The main purpose of this work is to analyze composition of crime of illegal enrichment and application peculiarities of criminal liability. In first part of work, in order to better reveal characteristics of the offense of illegal enrichment, is analyzed the concept of crime, its development and sources of law that influenced formation of disposition. Reviewing regulation established in other countries and valued with what constitutional problems the states face applying the norm. The second part of work can be named as the most important, because the analysis of composition of illegal enrichment has been performed based on the legal doctrine, valid legal acts of the Republic of Lithuania and the case law of the Supreme Court of Lithuania. According to laws, the main concepts of constituent features of illegal enrichment were revealed, evaluated case law were presented potentially problematic aspects of qualification. The third part of work is dedicated to discuss formulation "the one who had" and the presumption of innocence. The final part deals with imposition of penalties and punitive measures in case law. Is discussed new bill on the confiscation of civil property, its relation to existing norms, and considering the prospect of future. When the CC was supplemented with norm of illegal enrichment, almost ten years later, it is noticeable that article still remains one of the most debated due to its legal construction and its manifestations of innocence presumption. Based on number of convictions, it appears that norm does not meet expectation of "effective and merciless" fight against crime, oligarchs, etc., which were declared at consideration and adoption stage of law. Dealing with possible situations of illegal enrichment, in practice there are endless issues which has not been discussed by the legislature or can yet be explained by case law. Both pre-trial investigation officers and courts face difficulties in proving the suspect's guilt. The person's inability to justify the available assets with legitimate income is not in itself sufficient factor to establish guilt, more the guilt must be proven by officers but not suspected person. The work is based on Lithuanian and foreign scientists opinions, various legal acts of Lithuania and foreign countries, the formed practices of the Lithuanian and European Court of Human Rights, resolutions of the Constitutional Court and reports of state institutions. The work presents an analysis of the article on illegal enrichment, is presented recommendatory conclusions.

In Master's thesis is analyzing illegal enrichment - an activity that is receiving increasing attention in field of international and national law. Before the law was passed, were set goals that mentioned composition, consolidated in the Criminal Code that would be able to manage the shadow business and income it generates, prevent individuals from illegally enriching themselves in the future and possibility to confiscate property received from illegal income. The main purpose of this work is to analyze composition of crime of illegal enrichment and application peculiarities of criminal liability. In first part of work, in order to better reveal characteristics of the offense of illegal enrichment, is analyzed the concept of crime, its development and sources of law that influenced formation of disposition. Reviewing regulation established in other countries and valued with what constitutional problems the states face applying the norm. The second part of work can be named as the most important, because the analysis of composition of illegal enrichment has been performed based on the legal doctrine, valid legal acts of the Republic of Lithuania and the case law of the Supreme Court of Lithuania. According to laws, the main concepts of constituent features of illegal enrichment were revealed, evaluated case law were presented potentially problematic aspects of qualification. The third part of work is dedicated to discuss formulation "the one who had" and the presumption of innocence. The final part deals with imposition of penalties and punitive measures in case law. Is discussed new bill on the confiscation of civil property, its relation to existing norms, and considering the prospect of future. When the CC was supplemented with norm of illegal enrichment, almost ten years later, it is noticeable that article still remains one of the most debated due to its legal construction and its manifestations of innocence presumption. Based on number of convictions, it appears that norm does not meet expectation of "effective and merciless" fight against crime, oligarchs, etc., which were declared at consideration and adoption stage of law. Dealing with possible situations of illegal enrichment, in practice there are endless issues which has not been discussed by the legislature or can yet be explained by case law. Both pre-trial investigation officers and courts face difficulties in proving the suspect's guilt. The person's inability to justify the available assets with legitimate income is not in itself sufficient factor to establish guilt, more the guilt must be proven by officers but not suspected person. The work is based on Lithuanian and foreign scientists opinions, various legal acts of Lithuania and foreign countries, the formed practices of the Lithuanian and European Court of Human Rights, resolutions of the Constitutional Court and reports of state institutions. The work presents an analysis of the article on illegal enrichment, is presented recommendatory conclusions.

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.

Attention is drawn towards problematic aspects of implementation of international legislation in national criminal law. The idea of international organised crime as of criminality without borders, and of the global problem is raised here. The study analyses the possibilities of confiscation of property; the reader's attention is drawn to extended confiscation of property; it evaluates the topicalities of consolidation of unjust enrichment, as a both radical and efficient measure in the criminal law, also other important issues pertaining to criminal justice. Simultaneously, institutional issues on international cooperation in criminal cases are considered. It is stated that in contemporary world, international legal cooperation in criminal cases is inevitable. Individual states and the European Union create and improve the newly emerging tools of legal cooperation, implement new principles of cooperation, and expand central powers of EU institutions in the cooperation process. Practical application of some new tools (for example, the European arrest warrant) proved their efficiency; it allows thinking that the created new tools, substantiated by application of the same principle of mutual acknowledgement (the European investigation order), will bring tangible results. [.]

Attention is drawn towards problematic aspects of implementation of international legislation in national criminal law. The idea of international organised crime as of criminality without borders, and of the global problem is raised here. The study analyses the possibilities of confiscation of property; the reader's attention is drawn to extended confiscation of property; it evaluates the topicalities of consolidation of unjust enrichment, as a both radical and efficient measure in the criminal law, also other important issues pertaining to criminal justice. Simultaneously, institutional issues on international cooperation in criminal cases are considered. It is stated that in contemporary world, international legal cooperation in criminal cases is inevitable. Individual states and the European Union create and improve the newly emerging tools of legal cooperation, implement new principles of cooperation, and expand central powers of EU institutions in the cooperation process. Practical application of some new tools (for example, the European arrest warrant) proved their efficiency; it allows thinking that the created new tools, substantiated by application of the same principle of mutual acknowledgement (the European investigation order), will bring tangible results. [.]

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.

The restoration of the independence of the Republic of Lithuania on 11 March 1990 ipso facto implies the beginning of buildup of the new legal system in Lithuania and succession of the best Western values legal traditions. At the same time it is considered to be the starting point for the legal system of the Republic of Lithuania from which it has been beginning to evolve and develop into the direction of respect for human rights and fundamental freedoms. This is clearly reflected in the Constitution of the Republic of Lithuania adopted by citizens of the Republic of Lithuania in the Referendum of 25 October 1992. The preamble of the Constitution of the Republic of Lithuania provides that one of the most significant aims of the Lithuanian nation is to strive for an open and harmonious civil society and law-based state. The social nature of human beings pushes them for social interaction and each human being has his own interests which may not always coincide with interest of other individuals. Therefore, a state's high priority task is to ensure that every human being and the whole society is protected by state from unlawful acts. The state is forced to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. For this purpose, legislation has granted law enforcement authorities the right to use special investigative techniques in conducting the prosecution. It should be noted that the special investigation techniques such as controlled delivery, covert surveillance, electronic surveillance of all forms are legitimate and internationally recognized e.g., 1988 The United Nations Convention against Illicit Traffic In Narcotic Drugs and Psychotropic Substances. That encourage national lawmakers transform special investigation methods from criminal surveillance law to criminal procedure law.

The restoration of the independence of the Republic of Lithuania on 11 March 1990 ipso facto implies the beginning of buildup of the new legal system in Lithuania and succession of the best Western values legal traditions. At the same time it is considered to be the starting point for the legal system of the Republic of Lithuania from which it has been beginning to evolve and develop into the direction of respect for human rights and fundamental freedoms. This is clearly reflected in the Constitution of the Republic of Lithuania adopted by citizens of the Republic of Lithuania in the Referendum of 25 October 1992. The preamble of the Constitution of the Republic of Lithuania provides that one of the most significant aims of the Lithuanian nation is to strive for an open and harmonious civil society and law-based state. The social nature of human beings pushes them for social interaction and each human being has his own interests which may not always coincide with interest of other individuals. Therefore, a state's high priority task is to ensure that every human being and the whole society is protected by state from unlawful acts. The state is forced to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. For this purpose, legislation has granted law enforcement authorities the right to use special investigative techniques in conducting the prosecution. It should be noted that the special investigation techniques such as controlled delivery, covert surveillance, electronic surveillance of all forms are legitimate and internationally recognized e.g., 1988 The United Nations Convention against Illicit Traffic In Narcotic Drugs and Psychotropic Substances. That encourage national lawmakers transform special investigation methods from criminal surveillance law to criminal procedure law.

The restoration of the independence of the Republic of Lithuania on 11 March 1990 ipso facto implies the beginning of buildup of the new legal system in Lithuania and succession of the best Western values legal traditions. At the same time it is considered to be the starting point for the legal system of the Republic of Lithuania from which it has been beginning to evolve and develop into the direction of respect for human rights and fundamental freedoms. This is clearly reflected in the Constitution of the Republic of Lithuania adopted by citizens of the Republic of Lithuania in the Referendum of 25 October 1992. The preamble of the Constitution of the Republic of Lithuania provides that one of the most significant aims of the Lithuanian nation is to strive for an open and harmonious civil society and law-based state. The social nature of human beings pushes them for social interaction and each human being has his own interests which may not always coincide with interest of other individuals. Therefore, a state's high priority task is to ensure that every human being and the whole society is protected by state from unlawful acts. The state is forced to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. For this purpose, legislation has granted law enforcement authorities the right to use special investigative techniques in conducting the prosecution. It should be noted that the special investigation techniques such as controlled delivery, covert surveillance, electronic surveillance of all forms are legitimate and internationally recognized e.g., 1988 The United Nations Convention against Illicit Traffic In Narcotic Drugs and Psychotropic Substances. That encourage national lawmakers transform special investigation methods from criminal surveillance law to criminal procedure law.

Publicity – the underlying process principle of the democracy, which is applied in the all law system. The meaning of this principle reveals not only its fixation on the highest national and international level, but also its connection with the most important principles of constitutional and criminal procedure law. This principle is multiple, the struggles to enclose and judge it on the base of only the criminal procedure code is too tight and beside the purpose, because its sets only two articles directly on this term. It can be excluded two big parts of the aspects of the principle of publicity: publicity, which is separated of the process and the process publicity. On the one hand, the essence of the first group reveals such aspects of the principle of publicity as the publicity of the court session and the material of the criminal case, the public pronouncement of the court's judgments and the right of the society to attend court's sessions, on the second hand, the nature of this significant principle is the scientific analysis of all the law's norms which is important from the prejudicial process to the implement of the judgment. The principle of publicity is not absolute, this states international and national law, it can be explained that every society has much more important values then only the right of the society to know, to keep a close watch and to attend the court's sessions. The norms of law is implementing this by setting compulsory and facultative exceptions of the principle of publicity, the first group of exceptions are binding the court in order to protect the most important judicial values in the state, the second group of exceptions are not binding the court, it practices such exceptions on its own discretion. The most important is not to overestimate the exceptions of the publicity, these restrictions must be constitutionally legitimated and needful in the society otherwise the principle of publicity can become the principle of closure.

Publicity – the underlying process principle of the democracy, which is applied in the all law system. The meaning of this principle reveals not only its fixation on the highest national and international level, but also its connection with the most important principles of constitutional and criminal procedure law. This principle is multiple, the struggles to enclose and judge it on the base of only the criminal procedure code is too tight and beside the purpose, because its sets only two articles directly on this term. It can be excluded two big parts of the aspects of the principle of publicity: publicity, which is separated of the process and the process publicity. On the one hand, the essence of the first group reveals such aspects of the principle of publicity as the publicity of the court session and the material of the criminal case, the public pronouncement of the court's judgments and the right of the society to attend court's sessions, on the second hand, the nature of this significant principle is the scientific analysis of all the law's norms which is important from the prejudicial process to the implement of the judgment. The principle of publicity is not absolute, this states international and national law, it can be explained that every society has much more important values then only the right of the society to know, to keep a close watch and to attend the court's sessions. The norms of law is implementing this by setting compulsory and facultative exceptions of the principle of publicity, the first group of exceptions are binding the court in order to protect the most important judicial values in the state, the second group of exceptions are not binding the court, it practices such exceptions on its own discretion. The most important is not to overestimate the exceptions of the publicity, these restrictions must be constitutionally legitimated and needful in the society otherwise the principle of publicity can become the principle of closure.