The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.
The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.
The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.
The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.
The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.
The perception of criminal justice in society is a controversial social problem. Traditionally, criminal justice issues have ban treated as a matter of professional interest for criminologists, criminal justice experts and other profesionals from related fields. But is expert knowledge the only valid kind when it comes to criminal justice topics? This question, though rhetorical, is aimed at stimulating discussian about the co-existence of different types of social knowledge on criminal justice, and their impact on various discourses concerning crime and punishment in society. In this article a group of researchers from Vilnim University makes use of phenomenological methods to analyse three different types of discourse on criminal justice: professional, political and public. The professional discourse of criminal justice is scrutinised from tbe perspective of penal law, the political discourse from the point of view of macroeconomics, while the public discourse is analysed using ideas drawn from psychology and media studies. The analysis of these discourses seeks to examine the social construction of criminal justice, and the particularities of its reception among professionals, politicians and a wider public.
Trust in Lithuanian police, courts and prosecutors oqce has reached the record values in 2015. Trust and conCdence in these institutions is growing, though it is diqcult to identify what exactly is stimulating that growth. Public relations or media in_uence, or good organization of the institutional work as well as other reason can be an explanation for the better public attitudes. Answers to the question "Do you trust the police, courts, prosecutors oqce?" do not explain what was done properly when trust values raise, and what problematic areas of institution work need attention when evaluations are getting worse. `ere is a signiCcant doubt expressed in academic literature if this and only indicator, so oƒen used for the evaluation of institution work, adequately describes how good or eQectively prosecutors oqce works, police safeguards public security, and courts ensure protection of citizen rights, defence of interests and other demands of democratic society. `e article analyses trust and conCdence in institutions of criminal justice system in Lithuania. Analysis uses ideas and data of two international research projects - EURO-JUSTIS and FIDUCIA. We examine trust and conCdence as complex phenomenon, which include several important aspects: 1) eQectiveness of criminal justice institutions; 2) distributive justice; 3) procedural justice; 4) shared perceptions of right and wrong and shared moral values with institutions; 5) legitimacy of institutions; 6) co-operation between society and criminal justice institutions. Evaluation of the survey data shows that diQerent elements of this phenomenon obtain diQerent ratings, and diQer from the evaluation of trust and conCdence in the broad sense. Understanding of these diQerences gives us a possibility to assess and improve work of criminal justice institutions more purposefully
Trust in Lithuanian police, courts and prosecutors oqce has reached the record values in 2015. Trust and conCdence in these institutions is growing, though it is diqcult to identify what exactly is stimulating that growth. Public relations or media in_uence, or good organization of the institutional work as well as other reason can be an explanation for the better public attitudes. Answers to the question "Do you trust the police, courts, prosecutors oqce?" do not explain what was done properly when trust values raise, and what problematic areas of institution work need attention when evaluations are getting worse. `ere is a signiCcant doubt expressed in academic literature if this and only indicator, so oƒen used for the evaluation of institution work, adequately describes how good or eQectively prosecutors oqce works, police safeguards public security, and courts ensure protection of citizen rights, defence of interests and other demands of democratic society. `e article analyses trust and conCdence in institutions of criminal justice system in Lithuania. Analysis uses ideas and data of two international research projects - EURO-JUSTIS and FIDUCIA. We examine trust and conCdence as complex phenomenon, which include several important aspects: 1) eQectiveness of criminal justice institutions; 2) distributive justice; 3) procedural justice; 4) shared perceptions of right and wrong and shared moral values with institutions; 5) legitimacy of institutions; 6) co-operation between society and criminal justice institutions. Evaluation of the survey data shows that diQerent elements of this phenomenon obtain diQerent ratings, and diQer from the evaluation of trust and conCdence in the broad sense. Understanding of these diQerences gives us a possibility to assess and improve work of criminal justice institutions more purposefully
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
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.
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.