Kai kurie probleminiai kyšininkavimo išaiškinimo ir tyrimo teisinio reguliavimo klausimai.
Scientists in Lithuania and other countries have emphasized during various conferences and in the scientific reports that bribery is the most common kind of corruption-related crimes in Europe and it is very difficult to detect. The statistics on criminal cases and the analysis of findings of sociological surveys presented in the article show that bribery is a wide-spread corruption-related criminal act in Lithuania, especially bearing in mind its latent nature, because every fourth disclosed criminal act against civil service represents a case of bribery. Taking into account the acuteness of the problem of bribery and other corruption-related criminal acts in Lithuania, the article deals with the problematic issues of legal regulation of detection and investigation of bribery, going from retrospective to a situation, as well as it covers some practical aspects of the legal acts application in this sphere. Having reviewed the procedure of the detection and investigation of bribery, the article analysis practical problematic issues of using the mode of conduct simulating a criminal act and other detection and investigation methods in the detection of bribery. The article also analysis legal regulation aspects of international co-operation in the detection of bribery cases at international level. The article emphasizes the influence of legal norms of new criminal laws – the Criminal Code of the Republic of Lithuania and the Criminal Procedure Code of the Republic of Lithuania – on the procedure of the detection and investigation of bribery as well as on criminology. Besides, the article covers new possibilities of detection and investigation of bribery provided for in the laws as well as related potential practical problems. Summarizing the problematic issues of the legal regulation of bribery detection and investigation, the proposals are presented about the possibilities to improve the bribery detection and investigation procedure on the level of laws, criminal proceedings and criminology.
- Articles / Straipsniai