Įstatymų kriminogeninis saugumas ES ir Lietuvos įstatymų leidyboje.
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The study focuses on the phenomenon of crime-causing (criminogenic) law. It includes a review of related studies on such laws and their criminal side-effects, the change in the legislator’s liability for effects of enacted laws, and the effects of the legislator’s afflatus on the potential criminogenic effects of law. Of special concern are cases where the legislator is aware of the potential criminogenic side-effects of a new law but carelessly neglects them. The study evaluates the tool for detection of probable criminogenic effects proposed by a special EU study group. It is shown that the underlying assumptions in the creation of this tool do not ensure the detection of a significant portion of the ways in which a new law can cause criminogenic effects, and provides no sound basis for deciding whether to approve or to reject a new law. The paper formulates certain prerequisites for the efficient detection and assessment of probable criminogenic effects of laws. On the basis of these prerequisites, the author proposes an alternative approach to the problem of criminogenic law. According to this alternative approach, the detected ability of a new law to cause some increase in criminality cannot serve as the basis for its rejection. The study underscores the necessity of a cost-benefit assessment with through a comprehensive review of the positive and negative consequences of a new law, including its criminogenic potential. To make such an assessment viable, the legislator needs an exhaustive and integral picture of all such consequences. Such an analysis should be provided in a special summary presented to the legislator as he prepares for a general discussion of the proposed law. This summary should systematically present all possible effects of the new law detected during initiation, preparation and discussion of the new law in subcommittees. It should also supply additional conclusions on the potential effects of this law, ensuring that these conclusions are supported by modern studies. Such a document would provide a basis upon which the legislator could evaluate the effects of the proposed law with regard to the interests the state and his constituents in particular. This evaluation would allow the legislator to make an informed decision on whether to adopt, modify or reject a potentially criminogenic law.
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