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The article analyses rules of the Code of Criminal Law of the Republic of Lithuania (hereinafter – the Criminal Code) which regulate imposing sentences. This is done from the viewpoint of judge’s discretion in imposing sentences. The author sets out four major reasons which, in his opinion, justify the necessity of the existence of judge’s discretion. First of all, due to rapid development of economic, social and political relations in the present Lithuanian society and change of values and priorities in recent years, the legislator finds it difficult to draw up legal rules which would be effective for a long time because it is complicated to make an accurate assessment of development and changes of social relations and to provide for all possible legal relations in legal rules. Second, in theory social relations can be regulated in legal acts with much detail, so that only one particular decision established in legislation could be applied for a case in question. Taking into account that specific cases are very different, such legal acts would be very casuistic and cumbrous, therefore modern states nowadays usually employ lawmaking technique on the basis of which legal acts which are being drafted specify features of social relations which are most important for law application, meanwhile the application of legal regulation to a specific case is left, to a certain extent, to the discretion of the judge...
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