Suchergebnisse

[full article and abstract in Lithuanian; abstract in English]
Stalking is a complex social phenomenon that can take on many different forms. Stalking is a vicious, subtle and devastating crime, and the victims of stalking seem to suffer long-lasting consequences. A clear relationship emerges between the functioning and dissemination of gender stereotypes and stalking as a form of gender-based violence. In this study, the way in which stalking occurs is discussed, and the defendants' and victims' backgrounds are taken into account. This article discusses the criminalization of stalking, the reasons for stalking being criminalized and the sanctions applied for stalking.
This article also addresses a range of issues that expressly substantiate a need for effective measures to be taken against stalking. The prevention of stalking is certainly a long process and cannot be done without the inspiration and activity from the state police, non-governmental organizations and the collaborations of victims, which are all essential if law enforcement agents are to gather useful information and understand the exact nature of the occurrences. Hence, more research needs to be conducted in this field. Additional attention, research and training are required to better understand the most effective responses to reduce the risk of recidivism.

There is a reoccurring relationship between the functioning and dissemination of gender stereotypes, violence against women and discrimination against women. Negative stereotypes of women still do exist and are still firmly established. In this article, we demonstrate the consequences of the existence of such stereotypes, and we analyze the decisions of the United Nations Committee on the Elimination of Discrimination against Women regarding sexual violence against women.The article addresses a range of issues that expressly substantiate a need for effective measures in respect of violence against women. The process of positive change of social views on the traditional role of women and men is certainly a long process, and it cannot be done without the inspiration and activity of both the individual states and international organizations. The contributions of numerous international institutions in this area have been demonstrating increasingly clearly that any state is fundamentally obliged to confront violence both in the public domain and private environments, and that it must ensure the safety, protection and assistance for victims of violence.

[full article and abstract in Lithuanian; abstract in English] Criminal justice can only respond to evidenced results of domestic violence, being un­able to reduce it. It is only possible to expect stable changes in cooperation through many areas influencing changes of people's behaviour, including education, social policy, and culture. The analysis of legal protection against domestic violence contrib­utes by highlighting the existing issues the emphasis on which helps to eliminate them. By researching the violent criminal offenses in modern victimology, it should be noted that there are crimes whose victims are women, including the criminal offenses related to domestic violence. Of course, the degree of a women becoming a victim of a crime depends on the particular culture of society and permits for aggression in so­ciety. However, thanks to the wide approach to the domestic violence topic treatment, there are increasing cases of women making offenses in their close environment. In accordance with the decisions of the European Court of Human Rights (ECHR) related to the topics of domestic violence, we can say that one of the main values should be the effectiveness of state regulations and actions resisting domestic violence. Other­wise, the violence in daily life may lead to state government responsibility to the ECHR. We can only hope that there will be more ECHR cases concerning domestic violence; thus, the decisions of this Court will affect the national law. The provisions of the Coun­cil of Europe Convention on preventing and combating violence against women and domestic violence should also be of high value. ; [straipsnis ir santrauka lietuvių kalba; santrauka anglų kalba] Siekiant sėkmingai užkirsti kelią smurtui artimoje aplinkoje, būtina žinoti šio reiškinio specifiką. Nuo viktimologijos kaip mokslo egzistavimo pradžios akcen­tuota tai, kad viktimizacija nėra reiškinys, vienodai būdingas visiems visuomenės na­riams. Kai kurios socialinės grupės dažniau nei kitos tampa nusikalstamų veikų auko­mis. Kalbant apie smurtą artimoje aplinkoje socialinės kultūrinės lyties požiūriu rei­kėtų turėti omenyje ir nusikalstamas veikas prieš moteris, ir pačių moterų padaromas veikas artimoje aplinkoje. Viena pagrindinių vertybių turėtų būti valstybės reguliavi­mo ir veiksmų veiksmingumas pasipriešinant smurtui artimoje aplinkoje.

The article provides an analysis of the issues relating to corruption problems – the social conditionality of corruption, the definition of this phenomenon, and types of corruption. The problems relating to the definition of corruption are analyzed through the prism of criminal law, with the provision of a list of criminal offences and account taken of the requirements of international instruments. Corruption is analyzed as a social problem, while exploring the causes of this phenomenon. It is stated in the article that corruption is still more becoming a modern topic, the causes of this phenomenon may be explained by the provisions of various theories. The term of corruption does not coincide with the terms used for bribery and bribe. Bribery means separate cases that consist of bribe giving, receiving or soliciting, whereas corruption means the condition related to those phenomena, which is negatively assessed in a certain environment or the entire society. The limits of the term of corruption encompass the whole syndrome of this phenomenon. Therefore for efficient prevention of corruption the complex of civil, financial, banking, tax, customs, inheritance, housing, trade, family, ecological, etc. legal norms and only then administrative, criminal proceedings, and criminal law is necessary. However, in terms of human rights the criminal law should be one of the most important guarantees against the criminal encroaching on them and against self-will of the state authorities and officials. Criminal offences of corruptive nature are divided into corruptive criminal offences sensu stricto and sensu largo. Corruptive criminal offences sensu largo are committed committing corruptive criminal offences sensu stricto. A close interaction exists between them in respect of the subject and object, since in many cases a bribe may be a stimulus to another crime, encouragement, reason. Taking into account the provisions of international instruments, corruptive criminal offences sensu stricto would include taking of a bribe (passive corruption), giving of a bribe (active corruption), intermediary bribery (trade in influence) as well as criminal offences of corruptive nature in the private sector. Corruptive criminal offences sensu largo would include, for example, abuse, registration of illicit rights to the item, disclosure of the state secret, disclosure of the secret of office, abuse of power, criminal offences in the field of political corruption, disclosure of commercial secret, etc. This list is incomplete, taking into consideration the complicated nature of corruptive crimes. In terms of corruption prevention it is necessary to stress that social legal control of corruptive activity is not possible without the active cooperation of state anticorruption structures and the civil society. It is possible to seek for formation of the anticorruptive opinion of the society, the role of which is, though slowly, increasing. Therefore it is necessary to prepare the ways and measures.

The article provides an analysis of the issues relating to corruption problems – the social conditionality of corruption, the definition of this phenomenon, and types of corruption. The problems relating to the definition of corruption are analyzed through the prism of criminal law, with the provision of a list of criminal offences and account taken of the requirements of international instruments. Corruption is analyzed as a social problem, while exploring the causes of this phenomenon. It is stated in the article that corruption is still more becoming a modern topic, the causes of this phenomenon may be explained by the provisions of various theories. The term of corruption does not coincide with the terms used for bribery and bribe. Bribery means separate cases that consist of bribe giving, receiving or soliciting, whereas corruption means the condition related to those phenomena, which is negatively assessed in a certain environment or the entire society. The limits of the term of corruption encompass the whole syndrome of this phenomenon. Therefore for efficient prevention of corruption the complex of civil, financial, banking, tax, customs, inheritance, housing, trade, family, ecological, etc. legal norms and only then administrative, criminal proceedings, and criminal law is necessary. However, in terms of human rights the criminal law should be one of the most important guarantees against the criminal encroaching on them and against self-will of the state authorities and officials. Criminal offences of corruptive nature are divided into corruptive criminal offences sensu stricto and sensu largo. Corruptive criminal offences sensu largo are committed committing corruptive criminal offences sensu stricto. A close interaction exists between them in respect of the subject and object, since in many cases a bribe may be a stimulus to another crime, encouragement, reason. Taking into account the provisions of international instruments, corruptive criminal offences sensu stricto would include taking of a bribe (passive corruption), giving of a bribe (active corruption), intermediary bribery (trade in influence) as well as criminal offences of corruptive nature in the private sector. Corruptive criminal offences sensu largo would include, for example, abuse, registration of illicit rights to the item, disclosure of the state secret, disclosure of the secret of office, abuse of power, criminal offences in the field of political corruption, disclosure of commercial secret, etc. This list is incomplete, taking into consideration the complicated nature of corruptive crimes. In terms of corruption prevention it is necessary to stress that social legal control of corruptive activity is not possible without the active cooperation of state anticorruption structures and the civil society. It is possible to seek for formation of the anticorruptive opinion of the society, the role of which is, though slowly, increasing. Therefore it is necessary to prepare the ways and measures. ; Straipsnyje analizuojami aktualūs korupcijos problematikos klausimai – korupci­jos socialinis sąlygotumas, šio reiškinio apibrėžimas, korupcijos rūšys. Kelio korupcijai užkirtimas analizuojamas per baudžiamosios teisės prizmę, pateikiant korupcinių nusikalstamų veikų sąrašą, atsižvelgiant į tarptautinių dokumentų reikalavimus. Straipsnyje taip pat akcentuojama korupcijos kaip sudėtingo latentinio socialinio reiškinio tyrimo problematika, pateikiami Vokietijos ir Lenkijos gyventojų apklausų apie korupcinius reiškinius, atliktų 2003 ir 2000 metais rezultatai. Analizuojamos galimybės užkirsti kelią korupcijai baudžiamosios teisės priemonėmis.

[only abstract in English; full article and abstract in Lithuanian] The article discusses mediation in Lithuanian criminal and administrative infringement cases. The challenges of mediation are discussed from the perspective of both the first instance judge and leading scholar in the field of mediation in Lithuania. The article analyzes the practical issues of mediation, questions the legal status of mediation in Lithuanian criminal jurisprudence and shows a good practice of mediation in criminal and administrative infringement cases.Mediation is not the court and does not substitute the court; the final decision is made by the court. Mediation could allow both parties to reach an agreement. However, the victim and the culprit do not always reach for an agreement. It is a beneficial practice in both ways. With the help of a mediator, parties learn how to discuss and hear the other side. It aids in coexisting in non-conflict ways in the future.Foreign experience reveals the most important doubts in the process of mediation that both the victim and the culprit face. The society lacks information on mediation. A high priority should be given for increasing the awareness of the benefits of mediation. Judges represent an authoritative power of the state and should use it in the reconciliation of conflicting parties.Lithuanian criminal justice lacks legislation in the field of mediation; however, mediation is de facto possible if the judge is active. Also, mediators who work at the institutions of probation help to legitimize the institute of mediation. ; [straipsnis ir santrauka lietuvių kalba; santrauka anglų kalba] Straipsnyje nagrinėjamos mediacijos baudžiamojoje ir administracinių nusižengimų justicijoje įgyvendinimo galimybės teisminėje bylos nagrinėjimo stadijoje. Tyrimas apima: 1) pagrindinius konflikto šalių abejojimus, susijusius su dalyvavimu mediacijos procese, nes daug mediacijos procesų neįvyksta dėl konflikto šalių nenoro dalyvauti mediacijoje; 2) mediacijos taikymo pagrindus baudžiamojoje ir administracinių nusižengimų justicijoje teisminėje bylos nagrinėjimo stadijoje; 3) meditacijos proceso ypatumus teisminėje bylos nagrinėjimo stadijoje. Atliekant tyrimą buvo taikomi sisteminės analizės, lyginamasis metodai, analizuojama mokslinė literatūra, teisės aktai ir teismų praktika. Straipsnyje daug dėmesio skiriama Šiaulių apylinkės teismo sprendimams baudžiamosiose ir administracinių nusižengimų bylose, kuriose taikyta mediacija, nes būtent šio teismo jurisprudencijoje plačiai naudojama meditacijos paslauga atsiradus mediacijos pareigybei Lietuvos probacijos tarnybose.Kadangi absoliuti dauguma aptartų konflikto šalių abejojimų dėl ginčo sprendimo mediacijos būdu iškyla dėl atitinkamų žinių stokos, tai visuomenės švietimas apie meditaciją turi vykti nuolat įvairių teisinių profesijų atstovų. Tačiau ypatingą vaidmenį šioje srityje reikėtų skirti teisėjams, pirmiausia atsižvelgiant į jų autoritetą baudžiamojoje ir administracinėje justicijoje. Institucinė sąranga, o būtent probacijos tarnybose dirbantys mediatoriai, sudaro galimybes teisėjui į teismą kviesti mediatorius, kaip probacijos tarnybos atstovus, ir išklausius jų bei proceso šalių nuomonės, bylą perduoti meditacijos procesui. Mediacijos metu ne visada galima pasiekti susitarimą, tačiau dėl tarpusavio pagarbos šis instrumentas leidžia konflikto dalyviams kultūringai koegzistuoti ateityje.

This article examines problems of parole application in Lithuania. The research applies a qualitative study in order to learn the peculiarities of the work and decision-making of judges and parole boards. Additionally, this study analyzes social research reports, filled out by staff in correctional facilities. This study covers as many factors influencing parole application as possible, and takes into account the peculiarities of the particular parole stages. Conclusions of this study should help theorists and practitioners see parole application from the point of view of judges and parole board members. Moreover, this work should encourage dialogue between judges, prison staff and community members not only in Lithuania, but, also in other countries.

Although parole is promoted by international recommendations, by the Penal Enforcement Law of Lithuania, by the Probation Law of Lithuania and by many criminal justice professionals, the application of parole decreases in Lithuanian case law. Jurisprudence parole cases show that in considering parole cases, court decisions are often based on very different criteria, and in some cases the same criteria are interpreted differently. Furthermore, despite more favorable opportunities to evaluate the criminal behavior risk of the convict reaching parole, the courts still tend to rely on slightly different criteria characterizing the convict. What is more, although parole legislation is becoming more liberal, according with the statistics, the recent percentage of paroled persons has been decreasing. Considering recent tendencies of parole application, it is unclear what factors may influence the existing differences of court practice, motives of parole application or declination and the relatively small number of paroled persons. In order to answer these questions, the authors of this study decided to examine the problems of parole application from several different perspectives. Authors conveyed a study that aimed at analyzing the work of parole boards and factors, which influence their parole decisions. Also, during this study, authors examined the peculiarities of judge parole decision-making. The study was intended to cover a wide range of factors that may influence parole application, so the authors did not limit the study to the court practice, but instead looked at the peculiarities of particular parole stages. During the empirical qualitative research, 7 interviews with judges and 8 interviews with the parole board members were performed, in accordance with the principle of the saturation of data. The research results should help both theorists and practitioners see parole from the point of view of judges and the parole board members; they should encourage dialogue as well as collaboration among judges that make decisions, the employees of penitentiary institutions and representatives of the public. In addition, the results should help to discover constructive ways of solving current parole problems and provide recommendations concerning a more fluent way of applying this institute. ; Straipsnyje analizuojama asmenų lygtinio paleidimo iš pataisos įstaigų problematika Lietuvoje. Kokybinio tyrimo metu gilintasi į lygtinio paleidimo iš pataisos įstaigų komisijų darbą, taip pat buvo nagrinėjami teisėjų darbo ir sprendimų priėmimo ypatumai. Tyrimo tikslas: atlikus interviu su teisėjais ir lygtinio paleidimo iš pataisos įstaigų komisijų nariais nustatyti pagrindines priežastis, kodėl lygtinio paleidimo taikymas Lietuvos teismų praktikoje nuo 2003 m. iki 2015 m. nuolat mažėjo ir šiuo metu lygtinai paleidžiama mažiau asmenų, nei atlikusių visą bausmę. Straipsnyje pateikiamos išvados turėtų padėti teoretikams ir praktikams pamatyti lygtinį paleidimą teisėjų ir lygtinio paleidimo iš pataisos įstaigų komisijų narių akimis bei paskatinti dialogą tarp sprendimus priimančių teisėjų, pataisos namų darbuotojų, visuomenės atstovų.

Stalking is considered a serious public health problem as well as a harmful form of victimization often leading to severe consequences for the victim. Although there is still little agreement on the exact definition of stalking, it has been recognized that the core elements of stalking include deliberateness and recurrence of the stalker's actions as well as victim fear and concern for safety. The main purpose of this article is to debate on the definition of stalking as well as provide the rates of stalking in Lithuania. Authors conclude that stalking refers to a constellation of a diverse range of actions and may include both direct communication with the victim and the use of cyberspace technologies. A rapid development of modern digital technologies leads to a wide variety of complex stalking behavior patterns that makes it complicated to generate an adequate legal response to this phenomenon. The results of a public survey conducted by a research group from the Law Institute of the Centre for Social Sciences in 2021 show that the rates of stalking in Lithuania are comparable to those reported in foreign studies as 17.5% of Lithuanian population have experienced stalking at least once during their lifetime. Stalking by the current or former intimate partner was the most prevalent stalking category, as it comprised nearly 39% of all stalking cases in the state. The article also covers some aspect of court practices in stalking-related cases during the period from 2016 to 2020, before anti-stalking legislation was introduced in Lithuania. By year 2021, when stalking was criminalized in Lithuania, 23 European Union member countries have managed to develop criminal anti-stalking legislation. Another aim of this article is to discuss the way criminal anti-stalking legislation was introduced in Lithuania and compare Lithuanian approach to the legal provisions enacted in other countries. Authors conclude that although the introduction of criminal anti-stalking legislation in Lithuania was an important step towards ...

Stalking is considered a serious public health problem as well as a harmful form of victimization often leading to severe consequences for the victim. Although there is still little agreement on the exact definition of stalking, it has been recognized that the core elements of stalking include deliberateness and recurrence of the stalker's actions as well as victim fear and concern for safety. The main purpose of this article is to debate on the definition of stalking as well as provide the rates of stalking in Lithuania. Authors conclude that stalking refers to a constellation of a diverse range of actions and may include both direct communication with the victim and the use of cyberspace technologies. A rapid development of modern digital technologies leads to a wide variety of complex stalking behavior patterns that makes it complicated to generate an adequate legal response to this phenomenon. The results of a public survey conducted by a research group from the Law Institute of the Centre for Social Sciences in 2021 show that the rates of stalking in Lithuania are comparable to those reported in foreign studies as 17.5% of Lithuanian population have experienced stalking at least once during their lifetime. Stalking by the current or former intimate partner was the most prevalent stalking category, as it comprised nearly 39% of all stalking cases in the state. The article also covers some aspect of court practices in stalking-related cases during the period from 2016 to 2020, before anti-stalking legislation was introduced in Lithuania. By year 2021, when stalking was criminalized in Lithuania, 23 European Union member countries have managed to develop criminal anti-stalking legislation. Another aim of this article is to discuss the way criminal anti-stalking legislation was introduced in Lithuania and compare Lithuanian approach to the legal provisions enacted in other countries. Authors conclude that although the introduction of criminal anti-stalking legislation in Lithuania was an important step towards ...

Stalking is considered a serious public health problem as well as a harmful form of victimization often leading to severe consequences for the victim. Although there is still little agreement on the exact definition of stalking, it has been recognized that the core elements of stalking include deliberateness and recurrence of the stalker's actions as well as victim fear and concern for safety. The main purpose of this article is to debate on the definition of stalking as well as provide the rates of stalking in Lithuania. Authors conclude that stalking refers to a constellation of a diverse range of actions and may include both direct communication with the victim and the use of cyberspace technologies. A rapid development of modern digital technologies leads to a wide variety of complex stalking behavior patterns that makes it complicated to generate an adequate legal response to this phenomenon. The results of a public survey conducted by a research group from the Law Institute of the Centre for Social Sciences in 2021 show that the rates of stalking in Lithuania are comparable to those reported in foreign studies as 17.5% of Lithuanian population have experienced stalking at least once during their lifetime. Stalking by the current or former intimate partner was the most prevalent stalking category, as it comprised nearly 39% of all stalking cases in the state. The article also covers some aspect of court practices in stalking-related cases during the period from 2016 to 2020, before anti-stalking legislation was introduced in Lithuania. By year 2021, when stalking was criminalized in Lithuania, 23 European Union member countries have managed to develop criminal anti-stalking legislation. Another aim of this article is to discuss the way criminal anti-stalking legislation was introduced in Lithuania and compare Lithuanian approach to the legal provisions enacted in other countries. Authors conclude that although the introduction of criminal anti-stalking legislation in Lithuania was an important step towards ...

Stalking is considered a serious public health problem as well as a harmful form of victimization often leading to severe consequences for the victim. Although there is still little agreement on the exact definition of stalking, it has been recognized that the core elements of stalking include deliberateness and recurrence of the stalker's actions as well as victim fear and concern for safety. The main purpose of this article is to debate on the definition of stalking as well as provide the rates of stalking in Lithuania. Authors conclude that stalking refers to a constellation of a diverse range of actions and may include both direct communication with the victim and the use of cyberspace technologies. A rapid development of modern digital technologies leads to a wide variety of complex stalking behavior patterns that makes it complicated to generate an adequate legal response to this phenomenon. The results of a public survey conducted by a research group from the Law Institute of the Centre for Social Sciences in 2021 show that the rates of stalking in Lithuania are comparable to those reported in foreign studies as 17.5% of Lithuanian population have experienced stalking at least once during their lifetime. Stalking by the current or former intimate partner was the most prevalent stalking category, as it comprised nearly 39% of all stalking cases in the state. The article also covers some aspect of court practices in stalking-related cases during the period from 2016 to 2020, before anti-stalking legislation was introduced in Lithuania. By year 2021, when stalking was criminalized in Lithuania, 23 European Union member countries have managed to develop criminal anti-stalking legislation. Another aim of this article is to discuss the way criminal anti-stalking legislation was introduced in Lithuania and compare Lithuanian approach to the legal provisions enacted in other countries. Authors conclude that although the introduction of criminal anti-stalking legislation in Lithuania was an important step towards ...