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 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.
In the eighties of the last century in Lithuania crime significantly increased, resulting in increasingly isolated individual criminal offenders and organized crime began to change. In response, the Government decided to incorporate the concept of organized crime in the Criminal Code of Lithuania and to establish criminal responsibility for participation in this phenomenon. In this way, in 1993 the legislature through the criminal law has been supplemented by a new article, which offered the criminal responsibility of organizing a criminal organization, leadership and participation in its activities. So this master thesis presents Analysis of the Corpus Delicti of Criminal Organisation. The master thesis starts with the concept of criminal conspiracy and its character. Presentation of the concept of a criminal organization, governed by Article 25 of the Criminal Code, which provides that a criminal organization is one of the forms of complicity and the definition of criminal conspiracy, with the minimum of its distinguishing features. After brief discussion of these issues and highlighted the key aspects we proceed to the unification of criminal liability for the establishment and development of the Lithuanian Criminal Code. In particular, the emphasis is how and in what way a criminal organization was criminalized, then proceeding with the evolution of the composition of a criminal organization Criminal Code of the Republic of Lithuania, along with how and why the legislature corrected the Criminal Code provides criminal conspiracy there. Familiar with the concept of criminal conspiracy and features and discussion of the responsibility for criminal association establishment and development of the Lithuanian Criminal Code refinement, we proceed to the main composition of the criminal conspiracy investigation. Analysis starts with the concept of the constituent elements and its structural presentation. Then it's time to transit to each of these elements of the examination. Starting from the criminal conspiracy of course, discussing both theoretical and practical aspects of this element. Then the issue of crime objectivist side. Further subjected to physical or legal entity subject to criminal conspiracy, analysis. Finally, the issue in a criminal organization subjective side. In the main composition of the criminal conspiracy analysis goes beyond the criminal law and judicial practice of assertion on the subject. In contrast, on the criminal law established legal and regulatory efforts to make their vision of the question, proposing possible modifications of legal regulations and so on. After the criminal conspiracy main analysis of the composition, the phase of a criminal organization qualifying characters discussion. According to the criminal law doctrine and jurisprudence, and not forgetting to submit their thoughts on the subject, analyzing a criminal organization qualifying characters, such as features as the presence of firearms, explosives or explosive substances to the pool of armed criminal action, organizing a criminal organization, directing a criminal organization.
In the eighties of the last century in Lithuania crime significantly increased, resulting in increasingly isolated individual criminal offenders and organized crime began to change. In response, the Government decided to incorporate the concept of organized crime in the Criminal Code of Lithuania and to establish criminal responsibility for participation in this phenomenon. In this way, in 1993 the legislature through the criminal law has been supplemented by a new article, which offered the criminal responsibility of organizing a criminal organization, leadership and participation in its activities. So this master thesis presents Analysis of the Corpus Delicti of Criminal Organisation. The master thesis starts with the concept of criminal conspiracy and its character. Presentation of the concept of a criminal organization, governed by Article 25 of the Criminal Code, which provides that a criminal organization is one of the forms of complicity and the definition of criminal conspiracy, with the minimum of its distinguishing features. After brief discussion of these issues and highlighted the key aspects we proceed to the unification of criminal liability for the establishment and development of the Lithuanian Criminal Code. In particular, the emphasis is how and in what way a criminal organization was criminalized, then proceeding with the evolution of the composition of a criminal organization Criminal Code of the Republic of Lithuania, along with how and why the legislature corrected the Criminal Code provides criminal conspiracy there. Familiar with the concept of criminal conspiracy and features and discussion of the responsibility for criminal association establishment and development of the Lithuanian Criminal Code refinement, we proceed to the main composition of the criminal conspiracy investigation. Analysis starts with the concept of the constituent elements and its structural presentation. Then it's time to transit to each of these elements of the examination. Starting from the criminal conspiracy of course, discussing both theoretical and practical aspects of this element. Then the issue of crime objectivist side. Further subjected to physical or legal entity subject to criminal conspiracy, analysis. Finally, the issue in a criminal organization subjective side. In the main composition of the criminal conspiracy analysis goes beyond the criminal law and judicial practice of assertion on the subject. In contrast, on the criminal law established legal and regulatory efforts to make their vision of the question, proposing possible modifications of legal regulations and so on. After the criminal conspiracy main analysis of the composition, the phase of a criminal organization qualifying characters discussion. According to the criminal law doctrine and jurisprudence, and not forgetting to submit their thoughts on the subject, analyzing a criminal organization qualifying characters, such as features as the presence of firearms, explosives or explosive substances to the pool of armed criminal action, organizing a criminal organization, directing a criminal organization.
Criminal responsibility for robbery according to the Lithuanian and foreign countries criminal legislation SUMMARY Irrespective of strict legal protection, the greatest part of all criminal acts are crimes against ownership. Robbery is considered the most dangerous of all crimes against ownership. The due application of criminal laws, correct qualification and just imposition of penalties for these criminal acts were, and still is, one of the major practical problems. In this thesis, aspects of criminal responsibility for robbery according to the criminal laws of Lithuania are analyzed, and they are compared with criminal responsibility as consolidated in the laws of certain foreign countries. To achieve this, the concept and the legal nature of robbery are analyzed, as well as the development of the respective legal regulation in the criminal laws of Lithuania, the subject matter of such crimes, the objective and subjective features of such crimes, and also the peculiarities of their subject. It is attempted to reveal the theoretical side of robbery in Lithuania and abroad, and to pay attention to certain practical problems of qualification of such crimes. When property is occupied by means of robbery, violence is done, and other negative consequences take place, therefore, in the thesis, features qualifying robbery and essential aspects that distinguish robbery from other crimes against ownership are discussed, as well as brief discussion of penalties for these dangerous crimes is presented. Besides corpus delicti of this crime as consolidated in the Criminal Code of the Republic of Lithuania, features of the respective crimes, as described in the criminal laws of other countries, are also discussed. In writing the thesis, Lithuanian and foreign criminal legislation has been employed, as well as works of experts in the field of criminal law, other legal literature (articles). Resolutions and official interpretations of the Senate of the Supreme Court and judicial practice (when deciding criminal cases) in the courts of Lithuania also was used.
Criminal responsibility for robbery according to the Lithuanian and foreign countries criminal legislation SUMMARY Irrespective of strict legal protection, the greatest part of all criminal acts are crimes against ownership. Robbery is considered the most dangerous of all crimes against ownership. The due application of criminal laws, correct qualification and just imposition of penalties for these criminal acts were, and still is, one of the major practical problems. In this thesis, aspects of criminal responsibility for robbery according to the criminal laws of Lithuania are analyzed, and they are compared with criminal responsibility as consolidated in the laws of certain foreign countries. To achieve this, the concept and the legal nature of robbery are analyzed, as well as the development of the respective legal regulation in the criminal laws of Lithuania, the subject matter of such crimes, the objective and subjective features of such crimes, and also the peculiarities of their subject. It is attempted to reveal the theoretical side of robbery in Lithuania and abroad, and to pay attention to certain practical problems of qualification of such crimes. When property is occupied by means of robbery, violence is done, and other negative consequences take place, therefore, in the thesis, features qualifying robbery and essential aspects that distinguish robbery from other crimes against ownership are discussed, as well as brief discussion of penalties for these dangerous crimes is presented. Besides corpus delicti of this crime as consolidated in the Criminal Code of the Republic of Lithuania, features of the respective crimes, as described in the criminal laws of other countries, are also discussed. In writing the thesis, Lithuanian and foreign criminal legislation has been employed, as well as works of experts in the field of criminal law, other legal literature (articles). Resolutions and official interpretations of the Senate of the Supreme Court and judicial practice (when deciding criminal cases) in the courts of Lithuania also was used.
Criminal responsibility for robbery according to the Lithuanian and foreign countries criminal legislation SUMMARY Irrespective of strict legal protection, the greatest part of all criminal acts are crimes against ownership. Robbery is considered the most dangerous of all crimes against ownership. The due application of criminal laws, correct qualification and just imposition of penalties for these criminal acts were, and still is, one of the major practical problems. In this thesis, aspects of criminal responsibility for robbery according to the criminal laws of Lithuania are analyzed, and they are compared with criminal responsibility as consolidated in the laws of certain foreign countries. To achieve this, the concept and the legal nature of robbery are analyzed, as well as the development of the respective legal regulation in the criminal laws of Lithuania, the subject matter of such crimes, the objective and subjective features of such crimes, and also the peculiarities of their subject. It is attempted to reveal the theoretical side of robbery in Lithuania and abroad, and to pay attention to certain practical problems of qualification of such crimes. When property is occupied by means of robbery, violence is done, and other negative consequences take place, therefore, in the thesis, features qualifying robbery and essential aspects that distinguish robbery from other crimes against ownership are discussed, as well as brief discussion of penalties for these dangerous crimes is presented. Besides corpus delicti of this crime as consolidated in the Criminal Code of the Republic of Lithuania, features of the respective crimes, as described in the criminal laws of other countries, are also discussed. In writing the thesis, Lithuanian and foreign criminal legislation has been employed, as well as works of experts in the field of criminal law, other legal literature (articles). Resolutions and official interpretations of the Senate of the Supreme Court and judicial practice (when deciding criminal cases) in the courts of Lithuania also was used.
Criminal responsibility for robbery according to the Lithuanian and foreign countries criminal legislation SUMMARY Irrespective of strict legal protection, the greatest part of all criminal acts are crimes against ownership. Robbery is considered the most dangerous of all crimes against ownership. The due application of criminal laws, correct qualification and just imposition of penalties for these criminal acts were, and still is, one of the major practical problems. In this thesis, aspects of criminal responsibility for robbery according to the criminal laws of Lithuania are analyzed, and they are compared with criminal responsibility as consolidated in the laws of certain foreign countries. To achieve this, the concept and the legal nature of robbery are analyzed, as well as the development of the respective legal regulation in the criminal laws of Lithuania, the subject matter of such crimes, the objective and subjective features of such crimes, and also the peculiarities of their subject. It is attempted to reveal the theoretical side of robbery in Lithuania and abroad, and to pay attention to certain practical problems of qualification of such crimes. When property is occupied by means of robbery, violence is done, and other negative consequences take place, therefore, in the thesis, features qualifying robbery and essential aspects that distinguish robbery from other crimes against ownership are discussed, as well as brief discussion of penalties for these dangerous crimes is presented. Besides corpus delicti of this crime as consolidated in the Criminal Code of the Republic of Lithuania, features of the respective crimes, as described in the criminal laws of other countries, are also discussed. In writing the thesis, Lithuanian and foreign criminal legislation has been employed, as well as works of experts in the field of criminal law, other legal literature (articles). Resolutions and official interpretations of the Senate of the Supreme Court and judicial practice (when deciding criminal cases) in the courts of Lithuania also was used.
The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.
The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.
The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.
The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.
Criminal liability of juvenile offenders is a relevant issue which requires constant attention of states, legislators, law enforcement institutions and specialists of criminal law. The rate of juvenile delinquency is fairly high, therefore this problem is topical in Lithuania as well as in other countries. Criminal liability of juvenile offenders is one of the most important part of the Lirhuania's pursued criminal policy. Therefore the criminal measures applied to juvenile offender must be imposed not only to punish him, but to reintegrate him to the society. In Lithuania, the central aim of reforms in punishment system was to impose educational measures on juvenile offenders which would be an alternative to imprisonment. However, even though educational measures are considered to be very important, in practice this kind of punishment is not widely applied in the juvenile criminal justice. The purpose of this Master degree paper is to initiate the features of criminal liability of juveniles according to the law of Lithuania and foreign countries. The main attention is given to analyze the conception of juvenile criminal liability, juvenile's criminal liability subject's problems, assumptions of criminal liability and international standards. In this Master degree paper also are analyzing legal sanctions applied to juveniles, the features of of penalty and educational sanctions. Criminal liability of juvenile is exceptional. This oneness is related to versatile singularities of their age, physical and mental health. Regarding these singularities, harsh punishment is not always necessary applied to juveniles.