Ansätze des Rechtlicheseintrachtprinzips im Strafrecht = Teisinės santarvės principo pradai baudžiamojoje teisėje.
MetaduomenysRodyti išsamų įrašą
In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that the purpose of criminal law is coordination or, at least, the balance of the interests of conflicting subjects—the victim and the culprit, the culprit and the state. Thus, by means of criminal law, one can try to attain legal concord in seemingly irreconcilable situations. The reality of such striving is confirmed by court practice and statistics in criminal justice. The article analyses the origin of the reconciliation function, essentially a new aspect of criminal law. A position is formed that the fundamentals of such a function of criminal law are “laid” by the provisions of the Preamble to the Constitution of the Republic of Lithuania that the striving of the Nation is an open, just and harmonious civil society and a state under the rule of law. For the implementation of these provisions, one makes use of the possibilities of penal law-making and respectively corrects the penal policy. Thus, the Constitution and the official constitutional doctrine formulated in the constitutional jurisprudence exerts an ever increasing influence in law-making. The constitutional dimensions have become an integral and inseparable element of penal law. On the other hand, the doctrine and jurisprudence of criminal law also contributes to the disclosure of the content of the principles of criminal law, the entrenchment of the imperatives (requirements) of such principles in criminal law and the practice of its application. This article also describes the influence of the official constitutional doctrine formulated in the constitutional jurisprudence (which discloses the content of the legal principles entrenched in the Constitution) upon penal law-making and the case-law in criminal cases. While disclosing the actual realisation of the constitutional principle of coordination (principle of legal concord) of opposite interests in criminal law, in the practice of its application and in the penal policy in general, one also essentially defines the content of the reconciliation function of criminal law in a modern democratic society.
- Straipsniai / Articles