DRIVING A ROAD VEHICLE UNDER THE INFLUENCE OF ALCOHOL: IS IT NECESSARY TO EXPAND THE SCOPE OF CRIMINAL LIABILITY? (86)
The participation of drunk drivers in the road traffic and accidents caused by them is one of the major road traffic safety problems in Lithuania. On this account in this article for the scientific analysis the topic of necessity (meaningfulness) of criminalization of the driving a road vehicle under the influence of alcohol in Lithuania has been picked. In the article the state of road traffic safety in Lithuania (viewed from a driving under the influence of alcohol standpoint) is analysed, legal liability that may arise for drunk driving and that is provided for in various legal acts is summarized, the possible criminalization of the driving a road vehicle under the influence of alcohol in Lithuania is considered, as well as other feasible ways of tackling the challenges of drunk driving are discussed.
THE SOCIAL MATU RITY OF YOUNG ADULTS (18–20 YEARS) AS THE FACTOR FOR APPLICATION THE PECULIARITIES OF JUVENILE CRIMINAL RESPONSIBILITY (68)
The article deals with the newly distinguished age group of young adults in the Criminal Code of the Republic of Lithuania. Legal norms foresee the possibility to apply the peculiarities of juvenile criminal responsibility to young adults (18–20 years), when their social maturity is equal to juvenile‘s maturity.
DILEMMAS OF LAW RETROACTIVITY: A CASE OF CIVIL CONFISCATION (98)
The article focuses both on general issues of law reatroactivity and on specific issue of retroactive application of the law on civil confiscation. The latter law currently (Fall of 2019) is in the drafting process at the Parliament of Lithuania.
COURT OF JUSTICE OF THE EUROPEAN UNION \ DEVELOPER OF MUTUAL RECOGNITION PRINCIPLE: CRIMINAL JUSTICE PERSPECTIVE (93)
Article analysis the role of the Court of Justice of the European Union during development of mutual recognition principle in criminal justice.
CROSSROADS OF CRIMINAL AND TAX LAW: LIABILITY FOR ILLICIT ENRICHMENT IN THE CONTEXT OF NON BIS IN IDEM PRINCPLE (88)
The paper discusses the issues of application of the non bis in idem principle at the crossroads of tax and criminal liability. The inspiration for the discussion came from the recent case of the Supreme Court of Lithuania – Marijampolė case. The Supreme Court of Lithuania upheld the acquittal of a person who has been fined by tax authorities and later charged for illicit enrichment. The Court found a violation of the non bis in idem principle and regarded it as one of the definite grounds for the acquittal. First, the article explores the essence of the principle non bis in idem – the goals of the principle and possible legal and social consequences of its implementation or non-implementation.
CRIMINAL LIABILITY FOR ILLEGAL DISPOSAL OF NARCOTIC AND PSYCHOTROPIC SUBSTANCE - PROBLEMS IN COURT PRACTICE AND LACK OF REGULATION (98)
In this research the author identifies and analyzes the problems of current criminal law regulation, connected with illegal disposal of narcotic and psychotropic substance , also problems with court practice and make suggestions about improving the regulation and court decisions.
THE WAYS NOT TO IMPOSE CRIMINAL RESPONSIBILITY FOR EUTHANASIA (63)
In the article the ways which negate criminal responsibility for euthanasia are classified and discussed. The first part “The absence of corpus delicti” consists of chapters „The absence of intention”, „The absence of an act”, and „The absence of a causal link between an act and consequences”. The second part „Circumstances excluding criminal responsibility” consists of chapters „Necessity”, „Consent” and „Lawful professional risk”.
THE PROBLEM OF JUSTIFICATION OF CRIMINAL STATUTES OF LIMITATIONS (67)
The article discusses different theoretical backgrounds for the statutes of limitations and also peculiarities of legal regulation that result from these backgrounds. Special attention is payed to the theory of “Reform of Perpetrators Personality” that prevails in Lithuanian doctrine of the criminal law at the present time.
PROBLEMS OF LEGAL REGULATION OF CRIMINAL MEASURE - PAYMENT TO THE FUND FOR VICTIMS OF CRIME (94)
Some problematic issues related to the Article 71 of the Criminal Code of the Republic of Lithuania, which regulates the criminal measure - Payment to the Fund for Victims of Crime (hereinafter referred to as the Payment), are analyzed in this article.
CRIMINAL LIABILITY FOR PRIVACY VIOLATIONS IN THE CONTEXT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND LITHUANIAN CASE LAW (91)
The main aim of this article is to deepen the theoretical knowledge on the right of privacy in the context of criminal liability according to Lithuanian law.