We invite you to read the new issue of “Legal Issues”
The new issue of “Legal Issues”, published by the Law Institute of the Lithuanian Centre for Social Sciences, contains a variety of scientific articles.
Dr Lina Beliūnienė published an article in this issue called “Indicators for Measuring Prevalence of Corruption in Various Fields: What They Reveal About Situation in Lithuania”. This article is primarily aimed to answer the question of what indicators and data sources are used to measure the prevalence of corruption in various fields, also, to illustrate the prevalence of corruption in Lithuania, based on part of these indicators. According to the author, cognition of corruption, which changes in time, space and occurs in various forms, as well the implementation of measures to reduce and prevent it is inseparable from efforts to measure corruption. The first part of the article reviews the concept of corruption measurement indicator and the main types of these indicators, the second part – an overview of the development of corruption measurement tools and the third part – the main data sources used to create indicators for measuring corruption. According to this analysis, the fourth part illustrates the situation in Lithuania, based on regional and national Lithuanian public opinion surveys conducted in 2017 (“Eurobarometer” surveys of European Union citizens, including Lithuania) and 2019 (national Lithuanian public opinion survey “Lithuanian corruption map”).
Mindaugas Girdauskas submitted an article “Discontinuation of the Criminal Case by Judgement and Presumption of Innocence: Problem Aspects in the Context of International and Constitutional Law”. The article examines the problems arising in legal science and practice with regard to the compatibility of the wording of court judgments terminating criminal proceedings with the presumption of innocence, the possibility of finding that the defendant has committed a criminal offense and granting civil damages to the victim when criminal proceedings are terminated upon expiry of the statute of limitations, and the possibility to grant civil damages when the proceedings are terminated on the grounds of release from criminal liability. An examination of the provisions of international, European Union and constitutional law on these issues is carried out and possible grounds for their different interpretation are revealed.
An article by Dr Darius Pranka called “In Search for the Just Sentence: Imposition of Milder Sentence for Illegal Disposal of Large or Very Large Quantity of Narcotic or Psychotropic Substances” was published in the magazine. The study analyses the impact of the principle of justice on the imposition of sentence for criminal offenses related to the illegal possession of large or very large quantities of narcotic and psychotropic substances. An article provides the application statistics of this principle in criminal cases examined in 2018-2019 according to Article 260 (2) and (3) of the Criminal Code, as well as assesses the validity of such case law. The author questions too frequent application of the principle of justice (Article 54 (3) of the Criminal Code). Although the courts often impose different sentences or in some cases consider that criminal law does not allow the postponement of sentence execution in accordance with the principle of justice, the author invites not to be afraid to change the existing case law. As well, the study largely focuses on case law analysis of the simultaneous application of Article 54 (3), Article 75 and Article 64¹ of the Criminal Code, reviewing the laws of some foreign courts providing for penalties for illicit drug use.
In the magazine, you will find a review of Dr Rokas Uscila's scientific study "The Concept of Dynamic Security in Prisons" submitted by Dr Raimundas Kalesnykas. According to him, LCSS LI senior researcher Dr R. Uscila's scientific study is designed to address the relevant and at the same time complex problem of changes in the penitentiary system, related to the perception of the concept of a dynamic security and its implementation in places of imprisonment.
Read the magazine: https://teise.org/lt/lti-veikla/teises-problemos/.