Išimtinių aplinkybių anatomija arba teisingumo principo samprata ir jo įgyvendinimas bausmių skyrimo procese.
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Sentencing process – probably the most essential still the most difficult stage of the criminal law and criminal process. To impose a penalty - it is like to scale incomparable and often conflicting purposes of punishment: public protection, offender correction, general and special prevention and others. In this article the author analyzes Lithuania’s Criminal Code article 54 paragraph 3, which recently has got quite a significant impact in the process of imposing punishment, however not so thoroughly examined by scientists. First of all the author examines the principle of justice (proportionality, equity, or even sometimes called fairness) in criminal law doctrine, not leaving behind the concepts of fairness in philosophical discourse. Then the author moves to the practical aspects of the problem concerning the application of mentioned criminal code rule in courts practice. So this work attempts to formulate the conceptual understanding of the application of code’s Article 54 paragraph 3 and to disclose some important and problematic moments which are founded in judicial practice. It should be noted that the principle of justice is in common use of all branches of law. Moreover it is the main guide, general idea, an essence of law hence imposing sentences it gets specific characteristics, which determine the need to designate the proper individualized sentence for the offender. Also to take account all the criteria laid down in the criminal code, to measure the significance of each case and not to deviate from the prevailing practice of sentencing. Lithuania’s Criminal Code article 54 paragraph 3 states that "if the imposed punishment according to the provided sanction is clearly contrary to the principle of fairness, the court, in accordance with the role of punishment, may motivate and impose more lenient punishment." The latter provision reflects criminal law as valuable, the new neo-classical doctrine, yet also brings abstractiveness in the criminal law and necessity of its interpretation. After criminal law theory and courts practice analysis author arrives to the conclusion that Criminal Code of the Republic of Lithuania Article 54 Paragraph 3 emphasizes the uniqueness of individual criminal case related to estimations of offender’s and his or hers criminal conduct which are significantly of lower dangerousness, when accordance with the general sentencing rules even minimum sanction still is contrary to the principle of justice so the judge has to impose milder punishment. Also it should be noted that this rule is not the first rule of sentencing process. It can be reffered as the sentencing exception and the last chance for a just and appropriate sentence.
- Straipsniai / Articles