ASSESSMENT OF THE APPLICATION AND EXECUTION OF THE ARREST PENALTY IN THE LITHUANIAN LEGAL SYSTEM (ARBA)

The Research Council of Lithuania, under its funding instrument “Applied Research Projects”, funds the project “Assessment of the Application and Execution of the Arrest Penalty in the Lithuanian Legal System” (ARBA) implemented by the Law Institute of the Lithuanian Centre for Social Sciences (hereinafter – LCSS LI).

Although the arrest penalty has been applied and enforced in the Lithuanian criminal justice system for several decades, it has not been sufficiently examined in a systematic manner. Moreover, changes in its legal regulation, as well as the practice of its execution, have not been consistent. Therefore, from both an ex post perspective and from the standpoint of penal policy, it is appropriate to conduct a comprehensive analysis of this penalty from both legal and criminological perspectives. ex post, tiek iš bausmių vykdymo politikos pozicijų tikslinga atlikti šios bausmės tyrimą.

The aim of this research is to assess the practice of applying and enforcing the arrest penalty from both legal and criminological perspectives in order to determine its appropriateness and possible alternatives within the Lithuanian legal system.

Research objectives:

  1. to analyse the dynamics of the application and enforcement of the arrest penalty in Lithuania;
  2. to determine the categories of persons to whom the arrest penalty is typically applied in Lithuania;
  3. to examine the diversity of European perspectives on short-term custodial sentences and the available alternatives to such penalties;
  4. based on a questionnaire survey and semi-structured interviews with prison staff, to analyse problematic aspects of the enforcement of the arrest penalty and its social impact on detainees;
  5. based on semi-structured expert interviews with district court judges and prosecutors, to assess judicial practice in the application of the arrest penalty;
  6. to provide proposals and recommendations for improving the application and/or legal regulation of the arrest penalty.

The research results will contribute to the improvement of sentencing and enforcement practices, creating a foundation for revising and enhancing both the current legal framework and its implementation, as well as the corresponding penitentiary practices. The activities planned within the project will allow for the formulation of research-based recommendations regarding potential changes to the arrest penalty.

The research team of the project consists of: Dr. Rokas Uscila (project leader), Dr. Skirmantas Bikelis, Dr. Darius Pranka, Ignas Kromerovas, Brigita Kavaliauskaitė, Akvilė Tamulytė.

Project duration: 2026-03-02–2027-02-28.

Project budget – 74 999 Eur.

The project is funded by the Research Council of Lithuania (LMTLT), Contract No. S-REP-26-6.