Alternatyvios (neapibrėžtos) tyčios samprata ir jos baudžiamoji teisinė reikšmė.
This article discusses the concept of dolus altemativus (indeterminatus) in criminal law. The Latin notion dolus alter-nativus does not have a direct translation in English. Dolus includes not only what common law would call intention and knowledge, but also some cases of recklessness (so called dolus eventualis). Notion of dolus altenativus (indeterminatus) is widely used in Lithuanian judicial practice but also it is a subject for heated discussion among scholars of criminal law. Firstly, scholars debate whether notions dolus altemativus and dolus indeterminatus have the same meaning. This article contends that dolus can not be undetermined. It is determined by the elements of one or several crimes, so it only may be specific or alternative but not undetermined. The second issue in the debate is whether dolus altemativus may include dolus eventualis or whether it should be limited only to cases of alternative specific intent. Examples from judicial practice show that it is possible for a perpetrator to act having several forms of mens rea regarding different consequences of an act. On the other hand there are no logical or systemic reasons to limit the notion of dolus altemativus to the cases of alternative of specific intents. Therefore the article contends that dolus altemativus may include dolus eventualis. [...]
- Articles / Straipsniai