Nepilnamečių baudžiamosios atsakomybės reglamentavimo bei taikymo problemos.
The article presents analysis of the criminal responsibility of juveniles according to the Criminal Law of Lithuania.The Criminal Code of 2000 foresees special provisions regarding criminal responsibility for juvenile offenders. These provisions present new direction of doctrine of Criminal Law. The provisions are based on theoretical analysis and in some extent were the result of implementation of international legal acts. While some of the provisions a totally new, other are known to the theory of Criminal Law. As these provisions present a new model of criminal responsibility within the system of Criminal Code various problems related to implementation of legal regulations seem to occur. The author points out various problems and analyzes the genesis of them and tries to present scientifically based explanation. The limit of age of criminal responsibility is the first topic discussed in the theory of Criminal Law. The Criminal Code of Lithuania establishes two general limits of age of the suspect: 16 years of age (general rule) and 14 years of age (grave crimes). The problematic aspect is related to underage young suspects who commit serious crimes before reaching 14 years of age. While such occasions are not very common, current legal regulations contradict in definitions of how the underage suspects should be treated. The special Law on the Protection of Interests of Child lists measures of nurture and educational nature. However no other legal act clearly specifies the procedure of how these measures are to be implemented and what bodies should implement them. While the law foresees various privileges for the juvenile offenders it makes no contradiction within existing regulations to establish underage subjects as a recidivist. However the term recidivist regularly polarizes the court to the punishment related only to imprisonment. As a result the preferences of juvenile responsibility are about liquidated. The author presents various suggestions on how to explain the will of the lawmaker as well as how to improve the existing regulations. The author also discusses measures of nurture and educational nature, presents analysis of criminal cases and actual convictions. A scientific approach is used to uncover problems related to punishments, implementation of them.
- Straipsniai / Articles