Nedirbančių ir nesimokančių asmenų nusikalstamumo kriminologinės apibrėžties problema
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The criminality of not working and non-studying persons is a type of criminality which could be regarded as an independent object of criminological investigations. In order to investigate this issue it is necessary to determine its boundaries with reference to the qualitative inoccupation criterion. The aims of this article are as follows: to investigate and present the criminological concepts of an unemployed and not working person; to review the drawbacks of the statistical registration of not working and non-studying persons, suspects for a crime (offenders); to present the concept of the criminality of not working and non-studying persons. In the present article the criminological concept of a non-studying person is formulated with reference to the main criterion, i.e. the criterion of the age at which a person is obliged to go to school. In Lithuania this age is under 16. While defining the lowest age limit, the age at which criminal liability can be applied to a person is evaluated. It is essential to apply the same criterions in order to make a successful comparison of the contingent of non-studying offenders and the prevalence of non-studying persons in the society of a particular state. The concept of children not attending school presented in the system for the registration of schoolage children under 16, which was adopted in 1997 by a Resolution of the Government of the Republic of Lithuania, could be employed in practice while compiling a statistical register of the contingent of non-studying persons. Nevertheless, in criminological empirical research it is proposed to expand this concept and define non-studying persons as juveniles of compulsory school age (in Lithuania it is under 14-15 years) who are systematically absent (more than 50% of all the lessons) from school due to unjustifiable reasons (for instance, because of laziness, etc.) or who are removed from the school register or who, according to a school’s records, should attend school but do not do it. While formulating the concept of a not working person in the criminological context, juristic economical concept of an unemployed person is referred to above all. Its main features (compulsory registration in the state employment agency, adequate age, efficiency and the requirement to be unoccupied with certain activities) are formulated on the level of legal regulation. In the science of criminology for the investigation of the criminal behavior of persons not engaged in work it is more purposeful to use the concept of a not working person as it reflects economical criterions, reveals particular psychological personal features as well as various social factors influencing the human behavior. Accordingly, the juristic economical concept of an unemployed person is too narrow for criminological research. So, not working persons are to be considered as employable persons of working age who are not studying at any educational institution, are not engaged in work for wage, and have no legal source of living. In the article the concepts of a non-studying person and a not working person are formulated and proposed to be used in the practice of recording criminal activities which, at present, lacks definiteness and precision. These concepts reveal the features of unoccupied criminal persons which are important from the criminological viewpoint. With reference to the concepts of non-studying and not working persons, the concept of the criminality of non-studying and not working persons is presented. This concept is defined as a sum of criminal acts committed by non-studying juveniles of compulsory school age and non-studying employable persons of working age, not engaged in legal work for wage and not having a legal source of living.
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