Nusikalstamų veikų idealios bei realios sutapties atribojimo ir bausmių skyrimo problemos.
The analysis of case law proves that rather frequently the problems arise with the application of Article 63 of the Criminal Code for the Republic of Lithuania, which regulates the imposition of sentence for a number of criminal acts commited by a same offender. It was evidently predetermined because it might be said that the Criminal Code, which had come into force since 1 May 2003, stated new rules for imposition of sentence in case of a number of criminal acts commited by a same offender. When the Criminal Code came into force, these new rules were not clarified by researchers nor by Supreme Court of Lithuania, therefore there appeared an opportunity for inequable case law. This gap is being little by little filled in, though there are a number of problems still to be solved both theoretically and practically. One of these problematic issues is a problem of delimitation of criminal acts‘ forms and notions (a real and ideal coincidence). Case law witnesses that the established notion of ideal coincidence often obstructs a true evaluation of acts manifested in objective reality. For this reason, the most important feature of ideal coincidence is being investigated in this article. However, criticism is not the final goal. After the analysis of court practice, it is suggested to change the present feature of “single act“ into a new much more capacious feature of “single action “. Then, considering the ideal coincidence, we will be aware that this is the situation when a person commits two or more criminal acts within one single action, as defined in different Articles of the Criminal Code, whilst the real coincidence implies such a situation when a person commits two or more criminal acts, which are defined in different Articles of the Criminal Code, within a number of actions.
- Straipsniai / Articles