Nusikalstamų veikų kvalifikavimo problemos, kylančios dėl baudžiamųjų įstatymų galiojimo laiko atžvilgiu.
The article deals with a problem of temporal validity of criminal laws. The author analyzes the main issues on that point in new Penal Code of Lithuania (2000). The author investigates the principles of temporal validity of criminal laws in Lithuania. He starts with the principle of the time of committing the criminal behavior and investigates it. According to article 3 part 1 of Penal Code the time of committing the crime is considered the time of committing criminal behavior, not the time of occurring consequences of that behavior. It means that the court should apply the law that was in action at that time. The author investigates the problems that occurred in practice then identifying the time of committing crime. Further the author investigates the problems emerging in a process of identification the law that was valid at that time. It is not a simple problem due to the fact that dozens of provisions of the Penal Code of Lithuania were frequently amended. Further the author investigates the principle of „retroactive validity of the law, that mitigates punishment or abolishes criminality of committed behavior, or otherwise mitigates position of the offender“. The author investigates the difficulties emerging then identifying the essence of the new law, whether it abolish criminality of the offence or just concern punishment. The author pays much attention to the problem whether new law mitigates or aggravates punishment for committed offense. The author submits examples of practice of Supreme Court of Lithuania then applying the provisions of the article 3 of the Penal Code of Lithuania 2000, submits extracts from the Supreme Court judgements...
- Straipsniai / Articles