2,166 research outputs found
Treatment of genocide in international legal acts and the criminal code of the republic of lithuania.
No full textThe subject matter of master thesis is the concept of the crime of genocide in national and international law. Analysis begins by explaining the origins of this concept and following it‘s evolution in both legal systems. In order to give a full and particular account on the notion of the crime of genocide, the concept is examined by splitting it into several different elements, while using the traditional scheme of analysis in Lithuanian criminal law (object, objective side, subject and subjective side are researched separately). Master thesis also points out the problems related to defining the meaning of separate elements of the concept of genocide. By examining and comparing various opinions expressed by official institutions and scientists on these questions, author seeks to find a solution which poses least problems in legal and practical terms. In master thesis attention is also given to comparative analysis of the concept of genocide in national and international law. Author examines the differences between these concepts and historical, legal and political reasons behind said differences and their present and possible impact to criminal law theory and practice. Master thesis was written while using international legal documents (Convention on the prevention and punishment of the crime of genocide, statutes of international criminal tribunals, the Statute of International Criminal Court), international and national case law, Lithuanian legal acts, scientific literature. In author‘s opinion, given analysis is useful to persons, who specialize in criminal law, to law students and generally to everyone interested in the so-called „crime of crimes“ – genocide
The Analysis of the Elements of the Offence Bribery.
No full textIn the first chapter of the paper the conception and definition of corruption which has been consolidated in international and Republic of Lithuania legal acts in the sphere of fight with corruption has been analyzed. The second chapter is devoted for criminal legal evaluation of bribery crime. It forms the biggest part of the Master’s theses. In this chapter the bribery crime consolidated in CC Article 227 has been analyzed. The analysis of the article is presented following the traditional model: object, objective side, subject, subjective side. During the analysis of separate parts of crime composition the author reviews the practical application problems as well illustrating them with examples of court practice. In the third and fourth chapter conditions under which bribery is considered as qualified crime or criminal offence have been analyzed. In the fifth chapter criminal responsibility for bribery has been reviewed in short, i.e. what punishments have been provided for this crime and criminal offence and according to what criteria they are differentiated. The sixth chapter is devoted for defining the circumstances under which the person can be excused from criminal responsibility for bribery. During their analysis the author discussed the problems arising in application of this norm in practice. In the seventh chapter criminal laws of foreign countries criminalizing the bribery acts comparing them with corresponding legal norms in effect in Lithuania have been reviewed. At the end of the paper short every chapter conclusions have been presented and offers have been formulated
Analysis of composition of subornation.
No full textCriminal law recognises that every person is responsible for the particular culpably committed criminal offence the features of which are described in the Penal law. The features of criminal offence are the whole of objective and subjective features that are necessary so that a particular offence could be recognised as a crime or misdemeanours. Among crimes and misdemeanours for the state civil service and public interests the Penal code of the Republic of Lithuania allows for subornation. Every criminal offence for the state civil service and public interests including subornation inevitably breaks the normal activity of a state or municipal institution, agency, belittles its standing. Crimes of subornation cannot be suffered as they are a species of corruption that encourage fraudulent behaviour of civil servants. It is acknowledged that means of penal law are necessary in the field of prevention of corruption phenomenon. European legal acts, designed to fight corruption, oblige states to criminalise offences in the national law which according to the European law are recognised to be active or passive corruption. A state has a discretion to establish grounds at the presence of which a person is excused from penal responsibility for committing such offences. Subornation is understood as directly or indirectly given proposal, promise to give a bribe or giving of bribe to a civil servant or a person equated to him/her for a desirable legal acting or failure to act when executing his/her delegations or giving of a bribe via a mediator seeking for the same results. The direct object of such criminal offence is a normal, effective, authoritative activity of separate state institutions and agencies. In order to apply penal responsibility for subornation it is necessary to know precisely what features are necessary so that a specific offence is recognised as criminal. Features of criminal offence that describe its external (objective features) and internal (subjective features) side make a unanimous whole. In practice these features cannot be explained separately from each other. Only the theoretical explanation of these features enables to divide them into separate systems and analyse them separately. It is acknowledged that qualification of offence of the culprit is determined by the establishment of the features of the subjective side. Court accusatory judgement is fair when it proves the guilt of an actually existing person who has committed criminal offence
The bodies of the extortion of property and robbery: the similarities and the differences.
No full textThe right to property is one of the fundamental human rights. Implementation and protection of this right is public interest. One of the most serious crimes against property is extortion of property and robbery. Both of these crimes have an element of violence therefore causes harm not only to property but also life, health, freedom and honor of a person. This thesis covers similarities and differences between bodies of extortion of property and robbery under the Criminal code of Republic of Lithuania. The first chapter briefly reviews the development of modern definitions of extortion of property and robbery in Europe and Lithuania. The second chapter provides a thorough analysis of elements of extortion of property and robbery, under the Criminal code of Republic of Lithuania also providing general concept of regulation of corpus delicti of these crimes under the law of some foreign countries, pointing out similarities and differences between corpus delicti of these two crimes. The analysis is mostly based on Lithuanian and foreign criminal law literature also criminal cases of the Supreme Court of the Republic of Lithuania. In the third part of this thesis the aggravating elements of extortion of property and robbery are analyzed
Accentuation of Jonas Rėza's Psalter of 1625
No full textStraipsnyje trumpai apžvelgiama dabartinių kalbų kirčio ženklų istorija – nuo Antikos kalbininko Aristofano Bizantiečio žymėtų akūto, gravio ir cirkumflekso iki Mažvydo Katekizme pažymėto į riestinį cirkumfleksą panašaus ženklo, Baltramiejaus Vilento raštų, D. Kleino gramatikos, J. Rėzos psalmyno ,,Psalteras Dowido“ kirčio ženklų. Išsamiau straipsnyje analizuojamas 1625 m. J. Rėzos psalmyno kirčiavimas, iš graikų perimti kirčio ženklai, paties autoriaus įsivestas kirčio ženklas. Straipsnyje taip pat aptariama Rėzos psalmyne vartotų kirčio ženklų funkcijos, kirčio ženklų vartojimo įvairavimas, sąsajos tarp psalmyno kirčiavimo ir D. Kleino gramatikos Reikšminiai žodžiai: Akūtas; Gravis; Cirkumfleksas; Psalmynas; Lietuvių kalbos istorija; KirčiavimasThis article gives a brief overview of the history of the accent marks of languages from Antiquity linguist Aristophanes of Byzantium marked the acute accent, grave accent and circumflex accent until the sign similar to a tilde-shaped circumflex marked in Mažvydas’ Catechism, and accent signs of Baltramiejus Vilentas’ writings, Daniel Klein‘s grammer, and Jonas Rhesa’s Psalter of David. The article gives a comprehensive analysis of the accentuation made by Jonas Rhesa in the psalter, accent marks taken from Greek, and an accent mark developed by the author himself. The article also discusses the functions of the accent marks used in Rhesa’s psalter, the variation of the usage of accent marks and the interaction between the accentuation of the psalter and D. Klein’s grammer
Problematic aspects of suspension of sentence.
No full textProblematic Aspects of Suspension of Sentence
Corpora delicti of the extortion of property and arbitrary conduct: similarities and differences.
No full textExtortion of property and arbitrary conduct are dangerous criminal acts, which attempt to legal goodnesses which are protected by the state. Extortion of property attempts to property, things in action and legal interests, and arbitrary conduct attempts to method of government of state. My Master‘s thesis urgency is at first because of relation problems between arbitrary conduct and extortion of property, which are related to practical delimitation of these criminal acts, otherwise there is a lack of scientific works, which would include practical and theoretical analysis of extortion of property and arbitrary conduct. It is a first time when it is done a reserch by comparative method of study, when it is compared how these criminal acts and their elements are treated in Lithuania criminal law and in other criminal law of selected foreign states. In the first part of my work there are reviewed conceptions of arbitrary conduct and extortion of property, their legal sources, historical development and consolidation in legal acts. The second part of my Master‘s thesis involves doctrinal and judicial explanation, legal criminal estimation of arbitrary conduct and extortion of property. It makes the biggest part of my Master‘s thesis. The analysis of these criminal acts is presented in traditional model: object, objectivist side, subject and subjective side. Qualifying signs of arbitrary conduct and extortion of property, which make the criminal act more dangerous, and connections which link these criminal acts in the context of qualifying signs are analysed in the third part of my work. In the fourth part of my work it is reviewed criminal laws of selected foreign states, which are criminalizing arbitrary conduct and extortion of property , theoretical provisions, official clarifications, which include signs of these criminal acts. In the end of Master‘s thesis there are formulated conclusions and presented some suggestions
Plėšimo sudėties probleminiai aspektai.
No full textRobbery is one of the most dangerous criminal offences, because it encroaches on the fundamental values protected by criminal law − personal property, health and freedom. The dangerousness of this crime relates to a violent attempt against another person's property. Not only that is one of the most dangerous but also one of the most often committed criminal offences against property and, as a result, robbery cases constitute the highest workload for courts. The adoption of the 2000 Criminal Code of the Republic of Lithuania established new elements of the crime of robbery. Important changes were introduced in the principal attributes of the elements of robbery, the qualified elements of robbery were also revised. A substantial change was made in the attribute ‘way of commission of robbery’, which also predetermined a different assessment of offence completion; an entirely different system for grouping the qualifying attributes was created, introducing the qualifying attributes that had not been applied until that time, etc. Thus, the legislation brought about a new challenge in the interpretation of robbery elements and application of the criminal law, and the set objectives have been pursued for more than a decade already. With the new content of the robbery elements established in the criminal law, the case law of cassation has been developed since the entry into force of the 2000 CC that laid down the foundations for proper application of the law and for the development of the concept of the said crime, however, there was, in principle, no consistent research on this topic. In response to these challenges, the dissertation includes a complex study of the elements of robbery
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