Money laundering – is a complicate process, the primary aim of which is provision of visually legitimate origin to the property acquired in criminal manner or suppression of property origin. Primary aim of any money laundering operation is dual: first, it is strived to conceal the crimes, from which the income comes, i.e. predicate crimes, and when it is succeeded to do that, criminals strive to ensure that it would be possible to use this income at their own discretion. Criminal responsibility for legalization of money or property acquired in criminal manner, or otherwise called money laundering, in Lithuania is stipulated by an article BK 216. This research paper analyzes the features of money laundering contents; the problems that arise upon establishment or evaluation of one or the other money laundering features are analyzed. In order to unfold and explain thoroughly the features of money laundering the research paper also examines international and European legal acts, by which the states undertake to criminalize money laundering, stipulate strict prevention measures of money laundering, also other international instruments intended to fight money laundering. Eventually, the author seeks to establish and evaluate whether the features of money laundering contents consolidated in legal acts of the Republic of Lithuania correspond to the compulsory provisions of international legal acts, especially of the European Union.
Money laundering – is a complicate process, the primary aim of which is provision of visually legitimate origin to the property acquired in criminal manner or suppression of property origin. Primary aim of any money laundering operation is dual: first, it is strived to conceal the crimes, from which the income comes, i.e. predicate crimes, and when it is succeeded to do that, criminals strive to ensure that it would be possible to use this income at their own discretion. Criminal responsibility for legalization of money or property acquired in criminal manner, or otherwise called money laundering, in Lithuania is stipulated by an article BK 216. This research paper analyzes the features of money laundering contents; the problems that arise upon establishment or evaluation of one or the other money laundering features are analyzed. In order to unfold and explain thoroughly the features of money laundering the research paper also examines international and European legal acts, by which the states undertake to criminalize money laundering, stipulate strict prevention measures of money laundering, also other international instruments intended to fight money laundering. Eventually, the author seeks to establish and evaluate whether the features of money laundering contents consolidated in legal acts of the Republic of Lithuania correspond to the compulsory provisions of international legal acts, especially of the European Union.
Money laundering – is a complicate process, the primary aim of which is provision of visually legitimate origin to the property acquired in criminal manner or suppression of property origin. Primary aim of any money laundering operation is dual: first, it is strived to conceal the crimes, from which the income comes, i.e. predicate crimes, and when it is succeeded to do that, criminals strive to ensure that it would be possible to use this income at their own discretion. Criminal responsibility for legalization of money or property acquired in criminal manner, or otherwise called money laundering, in Lithuania is stipulated by an article BK 216. This research paper analyzes the features of money laundering contents; the problems that arise upon establishment or evaluation of one or the other money laundering features are analyzed. In order to unfold and explain thoroughly the features of money laundering the research paper also examines international and European legal acts, by which the states undertake to criminalize money laundering, stipulate strict prevention measures of money laundering, also other international instruments intended to fight money laundering. Eventually, the author seeks to establish and evaluate whether the features of money laundering contents consolidated in legal acts of the Republic of Lithuania correspond to the compulsory provisions of international legal acts, especially of the European Union.
Money laundering – is a complicate process, the primary aim of which is provision of visually legitimate origin to the property acquired in criminal manner or suppression of property origin. Primary aim of any money laundering operation is dual: first, it is strived to conceal the crimes, from which the income comes, i.e. predicate crimes, and when it is succeeded to do that, criminals strive to ensure that it would be possible to use this income at their own discretion. Criminal responsibility for legalization of money or property acquired in criminal manner, or otherwise called money laundering, in Lithuania is stipulated by an article BK 216. This research paper analyzes the features of money laundering contents; the problems that arise upon establishment or evaluation of one or the other money laundering features are analyzed. In order to unfold and explain thoroughly the features of money laundering the research paper also examines international and European legal acts, by which the states undertake to criminalize money laundering, stipulate strict prevention measures of money laundering, also other international instruments intended to fight money laundering. Eventually, the author seeks to establish and evaluate whether the features of money laundering contents consolidated in legal acts of the Republic of Lithuania correspond to the compulsory provisions of international legal acts, especially of the European Union.
Summary The purpose of Master's Thesis is to tackle the problems of the crime victim and his or her victimization. This thesis includes a definition of crime victim, it's victimologic characteristics, complex analysis of legislation, fine-tuning the legal status of crime victims, analysis of victimization and victimity, problems of victimization, possibilities of victimologic prevention protecting the interests of crime victims, in order to prevent a further victimization process. The goal of this Thesis – to make complex analysis of theoretical basis of crime victim, and determine the best and possible ways of solving the most tender victimization problems of the crime victims in a complex way. Legal status of crime victims, their social security is closely related to the active rules of law, their effective application, implementation of determined goals, quality of control of legal relations. As the new criminal law entered into force, the problems of crime victims are solved in both qualitatively and quantitatively more progressive legal and social means. De jure ensures the possibilities to the crime victim to equivalently participate in the process, receive necessary legal help and support, although de facto the legal status of crime victims did not significantly change, i.e. only minimal sufficient support is actually provided so far. This Thesis consists of three parts. The first part introduces the description of crime victim. It includes the description of crime victim, analysis of the rapport between the crime victim and casualty. With reference to the statistical data of victimologic research, crime and victimization in Lithuania is reviewed, with complex analysis of legal status of crime victims. The second part includes the analysis of factors impacting people to become crime victims, i.e. the question of victimization and victimity is analyzed. The fact everyone has some potential to become a crime victim in relevant circumstances must be highlighted. The third part includes the analysis of victimization problems, tackling the problems of private prosecution, interviews of crime victims, the questions of reproducible justice, i.e. discretionary rights of a victim or criminal to solve a conflict by means of reconsidering, damage indemnity to crime victims. The third part includes complex analysis of victimization problems, offering available solutions, priority tendencies of impact. The main concepts used in the Thesis: crime victim, victimization, victimity, mediation.
Summary The purpose of Master's Thesis is to tackle the problems of the crime victim and his or her victimization. This thesis includes a definition of crime victim, it's victimologic characteristics, complex analysis of legislation, fine-tuning the legal status of crime victims, analysis of victimization and victimity, problems of victimization, possibilities of victimologic prevention protecting the interests of crime victims, in order to prevent a further victimization process. The goal of this Thesis – to make complex analysis of theoretical basis of crime victim, and determine the best and possible ways of solving the most tender victimization problems of the crime victims in a complex way. Legal status of crime victims, their social security is closely related to the active rules of law, their effective application, implementation of determined goals, quality of control of legal relations. As the new criminal law entered into force, the problems of crime victims are solved in both qualitatively and quantitatively more progressive legal and social means. De jure ensures the possibilities to the crime victim to equivalently participate in the process, receive necessary legal help and support, although de facto the legal status of crime victims did not significantly change, i.e. only minimal sufficient support is actually provided so far. This Thesis consists of three parts. The first part introduces the description of crime victim. It includes the description of crime victim, analysis of the rapport between the crime victim and casualty. With reference to the statistical data of victimologic research, crime and victimization in Lithuania is reviewed, with complex analysis of legal status of crime victims. The second part includes the analysis of factors impacting people to become crime victims, i.e. the question of victimization and victimity is analyzed. The fact everyone has some potential to become a crime victim in relevant circumstances must be highlighted. The third part includes the analysis of victimization problems, tackling the problems of private prosecution, interviews of crime victims, the questions of reproducible justice, i.e. discretionary rights of a victim or criminal to solve a conflict by means of reconsidering, damage indemnity to crime victims. The third part includes complex analysis of victimization problems, offering available solutions, priority tendencies of impact. The main concepts used in the Thesis: crime victim, victimization, victimity, mediation.
Summary The purpose of Master's Thesis is to tackle the problems of the crime victim and his or her victimization. This thesis includes a definition of crime victim, it's victimologic characteristics, complex analysis of legislation, fine-tuning the legal status of crime victims, analysis of victimization and victimity, problems of victimization, possibilities of victimologic prevention protecting the interests of crime victims, in order to prevent a further victimization process. The goal of this Thesis – to make complex analysis of theoretical basis of crime victim, and determine the best and possible ways of solving the most tender victimization problems of the crime victims in a complex way. Legal status of crime victims, their social security is closely related to the active rules of law, their effective application, implementation of determined goals, quality of control of legal relations. As the new criminal law entered into force, the problems of crime victims are solved in both qualitatively and quantitatively more progressive legal and social means. De jure ensures the possibilities to the crime victim to equivalently participate in the process, receive necessary legal help and support, although de facto the legal status of crime victims did not significantly change, i.e. only minimal sufficient support is actually provided so far. This Thesis consists of three parts. The first part introduces the description of crime victim. It includes the description of crime victim, analysis of the rapport between the crime victim and casualty. With reference to the statistical data of victimologic research, crime and victimization in Lithuania is reviewed, with complex analysis of legal status of crime victims. The second part includes the analysis of factors impacting people to become crime victims, i.e. the question of victimization and victimity is analyzed. The fact everyone has some potential to become a crime victim in relevant circumstances must be highlighted. The third part includes the analysis of victimization problems, tackling the problems of private prosecution, interviews of crime victims, the questions of reproducible justice, i.e. discretionary rights of a victim or criminal to solve a conflict by means of reconsidering, damage indemnity to crime victims. The third part includes complex analysis of victimization problems, offering available solutions, priority tendencies of impact. The main concepts used in the Thesis: crime victim, victimization, victimity, mediation.
Summary The purpose of Master's Thesis is to tackle the problems of the crime victim and his or her victimization. This thesis includes a definition of crime victim, it's victimologic characteristics, complex analysis of legislation, fine-tuning the legal status of crime victims, analysis of victimization and victimity, problems of victimization, possibilities of victimologic prevention protecting the interests of crime victims, in order to prevent a further victimization process. The goal of this Thesis – to make complex analysis of theoretical basis of crime victim, and determine the best and possible ways of solving the most tender victimization problems of the crime victims in a complex way. Legal status of crime victims, their social security is closely related to the active rules of law, their effective application, implementation of determined goals, quality of control of legal relations. As the new criminal law entered into force, the problems of crime victims are solved in both qualitatively and quantitatively more progressive legal and social means. De jure ensures the possibilities to the crime victim to equivalently participate in the process, receive necessary legal help and support, although de facto the legal status of crime victims did not significantly change, i.e. only minimal sufficient support is actually provided so far. This Thesis consists of three parts. The first part introduces the description of crime victim. It includes the description of crime victim, analysis of the rapport between the crime victim and casualty. With reference to the statistical data of victimologic research, crime and victimization in Lithuania is reviewed, with complex analysis of legal status of crime victims. The second part includes the analysis of factors impacting people to become crime victims, i.e. the question of victimization and victimity is analyzed. The fact everyone has some potential to become a crime victim in relevant circumstances must be highlighted. The third part includes the analysis of victimization problems, tackling the problems of private prosecution, interviews of crime victims, the questions of reproducible justice, i.e. discretionary rights of a victim or criminal to solve a conflict by means of reconsidering, damage indemnity to crime victims. The third part includes complex analysis of victimization problems, offering available solutions, priority tendencies of impact. The main concepts used in the Thesis: crime victim, victimization, victimity, mediation.
Genocide is described as one of the most severe crimes of the international law. After the Second World War international community decided to codify international law and the general principles of the law recognized by civilized nations. The United Nations enacted The Convention on the Prevention and Punishment of the Crime of Genocide. The convention stated that genocide crime is described as acts against national, ethnic, racial or religious group. After the collapse of the Soviet Union, many countries including Lithuania got back their independence. Lithuania's legislators incorporated the norms of the Genocide convention into the state's legal system. Besides these norms legislators also included social and political groups into the definition of genocide crime. It was done in order to punish persons, who were responsible for the criminal offense against Lithuania's citizen during soviet occupation. The decision that states legislators made extended the definition of genocide crime established in international law, which defines genocide as the acts against national, ethnic, racial or religious group, but not against social or political group. Under international principle nullum crimen sine lege a person should not face criminal punishment except for an act that was criminalized by law before he performed the act. In this work it is aimed to determine whether the extended genocide structure established in Lithuanian legal system does not violate principle nullum crimen sine lege. First of all, there were analyzed the definition of genocide crime and the reasons why social and political groups were not included. Before the Genocide convention, this act had no name and the first one, who came up with the name was R. Lemkin, who wrote a book about genocide crime. Then United Nations enacted the convention, which determines the genocide as the acts against national, ethnic, racial or religious group. During the process there were a lot of discussions about the groups, which should be protected by the convention, the social and political groups were also included in the projects. But some countries including Soviet Union disagreed with the protection of these groups. So, the social and political groups were not included into the Genocide convention because of the political reasons. But besides that, there is a number of other countries like Lithuania, which also included the social and political groups into their domestic laws in order to protect them. Secondly, there is a description of the principle nullum crimen sine lege. There were analyzed the application of the principle and the exception of it. The principle means that a person should not face criminal punishment except for an act that was criminalized by law before he performed the act. The exception is applied to sui generis offenses – war crimes and crimes against humanity, which is recognized by the civilized nations. This means that the exception of nullum crimen sine lege is applied to the crime of genocide too. Thirdly, it was analyzed the reasons why Lithuania's legislators included the social and political groups into the definition of genocide. In order to punish persons, who were responsible for the acts against Lithuanians during the occupation of Soviet Union the definition was extended by adding social and political groups into the definition. When the persecution of the perpetrators in Lithuania has started, there were perceived that it was not easy to prove the extermination of national and ethnic groups. It was easier to prove the special intent to exterminate the political and social groups, because soviets acts were directed to the specific groups of Lithuanians, which cannot be described as national, ethnic, racial or religious groups. Fourthly, in the work there were analyzed the definitions of social and political groups. Social group is a group where members are related with common ties and characteristics. The national, ethnic, racial and religious groups are also social groups even though the social group itself was not included in the Genocide convention. But not all social groups are national, ethnic, racial or religious groups, so the Genocide convention protects only a certain type of social groups. Political groups are groups, where members are related with common beliefs, which can be compared even with the religious beliefs. The drafters of the Genocide convention justified the exclusion of political group from the protected list of groups because it lacked the stability. But there were no discussions about including the religious group, which is as stable as political group. Finally, there were analyzed the relation between the extended definition of genocide and principle nullum crimen sine lege. Even though the exception of the principle nullum crimen sine lege is applicable to the crime of genocide, it is applied only to the crime, which is defined by the general principles of international law, which is recognized be the civilized nations. That means that exception is valid for the acts against national, ethnic, racial or religious groups, but not to social or political groups, because these two groups are not protected from genocide crime by the Genocide convention and other international laws.
The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of environmental crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.
The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of environmental crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.
The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of environmental crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.
The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of environmental crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.
Juvenile group crimes and difficulties of their prevention Juveniles in Lithuania are apt to commit crimes. During the first quarter of the year juvenile offences has risen from 5,6 percent comparing with the last eight years. This fact should draw the attention of all the institutions in the country that are responsible for children education. Juveniles usually commit crimes not by themselves, but in groups, also known as gangs, which may consist of adults and teenagers. It is very important to find out the reasons why juveniles commit group crimes, what are the circumstances that have influence on formation of young persons personality. It is important to eliminate these circumstances and reasons as soon as possible by social means. Juvenile crime prevention is considered as priority part of crime prevention. A longitudinal study of criminal offences proves that if a person commits a crime in early age of his life, it is very likely that he or she will carry on making criminal offences in adulthood. The main aim of this work – to analyse the peculiarities of criminal acts committed by juvenile groups and some crime prevention problems. Referring to crime statistical data and educational literature, also Lithuanian and foreign legislation, it was aimed to analyse the conception of offences made by juvenile gangs, to reveal their criminological characteristics, to indicate the types of personality of youngsters that are prone to crime and what causes them to turn to crime in the first place and to discuss some prevention problems.
Juvenile group crimes and difficulties of their prevention Juveniles in Lithuania are apt to commit crimes. During the first quarter of the year juvenile offences has risen from 5,6 percent comparing with the last eight years. This fact should draw the attention of all the institutions in the country that are responsible for children education. Juveniles usually commit crimes not by themselves, but in groups, also known as gangs, which may consist of adults and teenagers. It is very important to find out the reasons why juveniles commit group crimes, what are the circumstances that have influence on formation of young persons personality. It is important to eliminate these circumstances and reasons as soon as possible by social means. Juvenile crime prevention is considered as priority part of crime prevention. A longitudinal study of criminal offences proves that if a person commits a crime in early age of his life, it is very likely that he or she will carry on making criminal offences in adulthood. The main aim of this work – to analyse the peculiarities of criminal acts committed by juvenile groups and some crime prevention problems. Referring to crime statistical data and educational literature, also Lithuanian and foreign legislation, it was aimed to analyse the conception of offences made by juvenile gangs, to reveal their criminological characteristics, to indicate the types of personality of youngsters that are prone to crime and what causes them to turn to crime in the first place and to discuss some prevention problems.
