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Proporcingumo principo klausimas paimant nusikalstamu būdu gautą turtą

2025 January 23/

The legal development of measures to seize the assets of criminal activity has been underway since the second half of the 20th century. The variety of measures that have developed - punishment (criminal liability) combined with confiscation, extended confiscation, civil confiscation, non-conviction-based confiscation, declaration of assets ownerless resulting in their forfeiture, and so on, has also shaped two policy strands, one classical and the other hybrid. The latter requires creative solutions to legal measures to deal with the proceeds from crime. However, with the development of various tools and methods to seize illicit assets, it is worth looking back and raising the legal question of proportionality.

Būtent tam skirta neseniai pasirodžiusi Lietuvos socialinių mokslų centro Teisės instituto mokslininko dr. Skirmanto Bikelio publikacija. Žurnale „Laws“ išspausdintame jo straipsnyje „Confiscation Beyond the All-Crime Approach and the Proportionality Principle - A Case of the Lithuanian Illicit Enrichment Offence Concept“ mokslininkas nagrinėja vienos iš lietuviškų priemonių proporcingumą. „Ar baudžiamoji atsakomybė už neteisėto praturtėjimo nusikaltimą (LR BK 1891) ir ją lydintis konfiskavimas tam tikrame kontekste nėra perteklinė valstybės reakcija, pažeidžianti proporcingumo principą?“ – kelia klausimą straipsnio autorius.

In search of answers to this question, S. Bikelis examines the case law of national criminal courts and specific cases, the Constitutional Court’s ruling on the issue, and the conclusions of international judicial institutions.

 

The full analysis can be found in an open access publication: Bikelis, S. (2025). Confiscation Beyond the All-Crime Approach and the Proportionality Principle—A Case of the Lithuanian Illicit Enrichment Offence Concept. Laws, 14(1), 1. https://doi.org/10.3390/laws14010001.

 

The project Money Laundering in the system of the Criminal Gains Control Strategies (LEKOSTRA) is funded by the Research Council of Lithuania (LMTLT), Contract No. S-MIP-23-40.

              
Prestižinės leidyklos išleistoje L. Rimšaitės knygoje – sprendimų dėl energetikos rinkų iššūkių paieškos

2025 January 2/

Springer, one of the world's most renowned academic publishers, has recently published a book entitled "The Crossroads of Competition Law and Energy Regulation" by Laura Rimšaitė, a researcher at the Law Institute of the Lithuanian Centre for Social Sciences. In this work, which has been carefully developed over several years, the author seeks to find a balance between promoting competitive energy markets and ensuring effective regulation.

The publication addresses the challenges of balancing a competitive market with regulatory objectives such as ensuring reliability, fairness and sustainability. These important areas are reconciled when the objectives of promoting fair competition and ensuring a reliable and sustainable energy supply coincide. "As the world moves towards cleaner energy solutions and technological advances, the balance between competition and regulation is vital to ensure a future of fair and resilient energy", emphasised Dr. L. Rimšaitė, while presenting her book.

The book also provides a comprehensive analysis of market dominance in the energy sector. This concentration of power often limits competition, reduces consumer choice and stagnates progress and innovation. "The twofold objective of tackling market dominance and promoting energy security is a major challenge", says the author. Drawing on a range of countries' case studies, national and international regulations and their analysis, she provides valuable insights into how a regulatory framework that promotes fair competition can help achieve long-term energy policy goals.

Rimšaitė, L. (2024). The Crossroads of Competition Law and Energy Regulation. Springer Cham. DOI: 10.1007/978-3-031-73238-6

The book is available in English here – https://link.springer.com/book/10.1007/978-3-031-73238-6

 

             
Prestižiniame Europos akademiniame tinklaraštyje – Instituto atstovės apie dirbtinį intelektą Ukrainos teismų sistemoje

2025 January 2/

One of Europe’s most famous academic blogs, Verfassungsblog, has published an article titled “AI in Ukraine’s Judiciary”, written by Dr Agnė Limantė, a researcher at the Law Institute of the Lithuanian Centre for Social Sciences, and Yuliia Moskvytyn, an intern in Institute via the UPinLT programme, that funds internships for foreign students in Lithuania. The publication examines the steps taken by the Ukrainian state to introduce AI technologies in the Ukrainian judiciary, despite the challenges posed by the ongoing war waged by Russia.

The article discusses the period from the 2014 initiative to reform the justice system to the 2018 phase of digitisation in the courts, the publication presents the technologies used and the initiatives proposed, and discusses policy and legal documents.

The large-scale war in Ukraine since 2022 has created many challenges for the functioning of the state and temporarily slowed down the development of AI technologies, but at the same time, the difficult times have spurred modernisation, especially in the public sector. One example of this is the integration of modern technologies and AI tools into the judicial system.

The authors note that in September 2024, the Code of Judicial Ethics in Ukraine was amended to allow judges to use artificial intelligence technologies in their professional activities “provided that it does not affect the judge’s independence and impartiality, does not influence the evaluation of evidence and the decision-making process, and does not violate the requirements of the law”. These amendments suggest that the use of artificial intelligence in Ukrainian courts is likely to increase.

 

Read more about the integration of AI in the Ukrainian judiciary, the opportunities and challenges here: https://verfassungsblog.de/ai-ukraine-judiciary/

 

          
Pavyzdinio kalėjimo pareigūno paieškos naujoje Teisės instituto atstovių publikacijoje

2024 December 1/

Since the summer of 2023, researchers from the Law Institute of the Lithuanian Centre for Social Sciences – Dr. Rūta Vaičiūnienė, Dr. Simonas Nikartas, and PhD candidate Liubovė Jarutienė, under the leadership of Dr. Artūras Tereškinas – have been implementing the project “Changes in prison officers’ professional roles within the shifting custodial sentencing policy and practice” (PRISTA). The aim of this project is to analyse the dilemmas Lithuanian prison officers face in their attempts to implement their professional role and to examine how this role has been changing in the context of current reforms.

Based on a large body of empirical data collected during the implementation of this project – including semi-structured interviews and focus group discussions with Lithuanian prison officers and policymakers – Law Institute researcher Dr. Rūta Vaičiūnienė and Goda Dainauskaitė published an article titled “The Ideal Prison Officer Reconsidered: Between Institutional Expectations and Everyday Practice” in the Criminology Studies (Kriminologijos studijos) journal of Vilnius University Press.

In this article, intended for a Lithuanian audience, the authors examine both global and local shifts in the penal system – including transformations in institutional governance and penal philosophy, the rise and expansion of managerial approaches in prisons, and changes in power dynamics and structures. This context significantly shapes the professional life of prison officers – it is not only about political declarations and strategic plans, but also a constant element of their everyday work.

Drawing on the insights and experiences of policymakers and prison officers, the article discusses the challenges of policy development and implementation, the everyday difficulties of working in prison, and the evolving role of resocialization unit specialists – contact officers – as well as the alignment of this role with institutional expectations and practical realities.

The abstract in English is available here (the article is in Lithuanian).

             
Tarptautinėje konferencijoje – M. Šukytės pranešimas apie veido atpažinimo technologijų šališkumą

2024 November 7/

On 16-17 October 2024, Lithuanian and foreign researchers presented papers on human-centric artificial intelligence at the international conference "Human-Centric AI: ethics, regulation and safety", which took place at Vilnius University (VU). The event, organised by the Faculty of Law of Vilnius University, was an interdisciplinary one, and the speakers considered the ethical, safety and regulatory challenges of artificial intelligence in the context of various potential uses of the technology. On the first day of the conference, Monika Šukytė, a junior researcher and a PhD student at the Law Institute of Lithuanian Centre of Social Sciences and Vilnius University Faculty of Law, presented her research.

The PhD student started her presentation "Bias in Facial Recognition Technologies: How it Happens and What is at Stake" by presenting the consequences of biased results in facial recognition technologies. She discussed a case that was reported in the international media, in which US police officers arrested a person unrelated to the crime after relying on a false identification result from facial recognition technologies. The two men were linked only by their dark skin colour.

In her assessment of biased AI systems, Šukytė drew attention to a research-based conclusion: algorithm errors are not just an isolated technical problem, but also a combination of mistakes made by the actors who develop, use and regulate facial recognition technologies.

In the context of regulation, she said, it is the EU legislators who have an important role to play in addressing the challenges posed by biased facial recognition technologies and the discriminatory practices they entail. "However, the new EU AI Act does not fully fill the gaps in the application of these technologies in law enforcement, as it introduces a confusing system of exceptions," concluded M. Šukytė.

 

The video of the presentation by PhD student M. Šukytė (from 37:49 to 49:30) can be viewed here.

Presentation slides (in English).

             
Naujojo projekto tyrėjų dėmesys vyresnio amžiaus moterų darbiniam gyvenimui

2024 November 5/

We are delighted that a research project idea recently proposed by researchers at the Law Institute of the Lithuanian Centre for Social Sciences has received funding from the Research Council of Lithuania. The new project "(Not)prolonging the working life of older women: legal environment, guarantees and intentions" (VAM) will be implemented by an interdisciplinary team of researchers (led by prof. dr. Ingrida Mačernytė- Panomariovienė) in the period 2024-2027.

Taking into account the increasing life expectancy, demographic challenges of ageing and recommendations for extending the working age across the European Union, the project research team will assess the legal framework and provisions on women's working age limits in Lithuania, Latvia, Poland and Estonia, and will identify good practices in the Baltic region with regard to the working lives of older women.

The results of the project will be published in a monograph by an international publishing house, and the new ideas and insights gained from the research will be published in scientific articles and presented in conferences.

The research team of the project consists of: prof. dr. Ingrida Mačernytė-Panomariovienė (project leader), prof. dr. dr. Sarmitė Mikulionienė, dr. Kristina Ambrazevičiūtė, and PhD student Aistė Leščinskaitė.

 

More information about the project here.

           
LEKOSTRA projekto tarpiniai rezultatai pristatyti diskusijoje

2024 November 4/

On October 29th, a roundtable discussion took place at the Supreme Court of Lithuania titled “Issues of Applying the Principle of Proportionality and the Standard of Proof in Controlling Illicit Enrichment”. The event was organized as part of the Criminalization of asset legalization in the system of criminal profit control strategies (LEKOSTRA) project, implemented by the Law Institute of the Lithuanian Centre for Social Sciences, which aims to examine the criminalization of asset legalization within the criminal profit control system. The project leader, Dr. Skirmantas Bikelis, delivered the introductory speech, presenting the research team (Dr. Darius Pranka, Dr. Laurynas Pakštaitis, and Goda Dainauskaitė), the project’s objectives, and its relevance. Due to the importance of the illicit enrichment topic, his points were reinforced by the Chairperson of the Criminal Cases Division of the Supreme Court of Lithuania, Prof. Dr. Gabrielė Juodkaitė-Granskienė, who emphasized that this discussion and interinstitutional cooperation are crucial in raising and answering questions about such criminal activities.

During the discussion, Dr. Skirmantas Bikelis presented the questions raised by the LEKOSTRA project and its interim results, providing real examples from cases collected and analyzed during the research. The discussion covered the variety of confiscation strategies known in Europe and highlighted two particularly relevant and debatable practical issues: the standard of proof and the use of indirect evidence in various confiscation strategies, as well as the requirements of the proportionality principle for confiscation strategies.

Following the presentation, judges from the Supreme Court and Vilnius Regional Court, representatives from the Prosecutor General’s Office, Vilnius Regional Prosecutor’s Office, the Special Investigation Service, the Financial Crime Investigation Service, and the Lithuanian Criminal Police Bureau, along with legal scholars, engaged in discussions.

This roundtable discussion is part of the project “Criminalization of Asset Legalization in the System of Criminal Profit Control Strategies” (LEKOSTRA), funded by the Research Council of Lithuania, under contract No. S-MIP-23-40.

Photo by the Supreme Court of Lithuania.

 

                     
S. Zaksaitė apie sukčiavimo atvejus sporte ir kaip į tai reaguoti

2024 November 4/

Salomėja Zaksaitė, a researcher at the Law Institute of the Lithuanian Centre for Social Sciences, gave an interview to the weekly newspaper "Savaitė" about cheating in sport. In the article, she outlines the various types of fraud - the use of chemicals such as doping; fixing the outcome of a match; bribes; technological fraud, such as the manipulation of sporting equipment, weights or clothing; or more innocent types of fraud, such as staged fouls. S. Zaksaitė illustrated the different types of fraud with real-life examples, from swimmers wearing clothes that allow them to reach higher speeds to staged, "sold" fouls, which in Yugoslavia at the time were considered to be a special form of sporting excellence.

When discussing cheating, she points out that fraud cases usually do not get publicity and remain behind closed doors in the sports community. The few that are brought to the public's attention face problems of proof in the legal institutions.

While it will not be possible to eradicate cheating from sport completely, according to the criminologist lawyer, there are measures that can reduce the number of cases. These include providing social welfare for athletes, education and values formation for athletes, as well as the creation of better sporting infrastructure, adapting criminal laws to the evolving concept of fraud and, finally, fair play mechanisms for individual sports.

        
Konferencijoje dirbtinio intelekto panaudojimo teismuose tema – 43 pasaulio šalių atstovai

2024 October 25/

The international conference "Artificial Intelligence and Technology in the Courts", held on October 22, 2024 remotely on the ZOOM platform, was attended by experts and academics from various fields, as well as representatives of the judiciary, judges and prosecutors from Europe, the Americas, Africa, Asia and the Pacific.

The conference was opened by the organizers and project "AI in Courts: Challenges and Opportunities" (TeismAI) researchers Dr. Monika Žalnieriūtė and Dr. Agnė Limantė, who highlighted the relevance and importance of the topic for the contemporary legal environment. In her welcoming remarks, the President of the Supreme Court of Lithuania, Dr. Danguolė Bublienė, emphasized that although the application of artificial intelligence in the legal sphere was perceived as a futuristic prospect until recently, it has now become a reality.

During the first panel, the speakers gave presentations on the relationship between artificial intelligence and judicial values. The discussion was moderated by Monika Šukytė, a doctoral student at Vilnius University Faculty of Law and the Law Institute. The second session of the event, which started with the presentation by project leader Dr. Monika Žalnieriūtė on the transparency of judicial activity in the context of artificial intelligence, was devoted to the analysis of the issues of compatibility between legal values and AI tools.

The speakers of the third panel "Jurisdictional Perspectives" discussed the approach of national courts to the use of artificial intelligence in practice, sharing experiences from Belgium, the Netherlands, Croatia, Slovenia, Nigeria and South Africa, while the cases of the Lithuanian and Polish judicial systems were presented by Dr Agnė Limantė. In the last panels of the conference, researchers assessed the application of AI tools in the judiciary in the context of different legal traditions and presented practical examples of application in the represented countries.

Thanks to the organisers, speakers and more than 200 active participants, the conference provided a unique platform not only for discussing the new opportunities created by AI in the courts, but also for rethinking the challenges posed by AI to legal regulation and ethics.

 

This international conference is part of the project “AI in Courts: Challenges and Opportunities” (TeismAI), funded by the Research Council of Lithuania (LMTLT), agreement No. S-MIP-23-73.

        
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