Organizuoto nusikalstamumo baudžiamasis teisinis vertinimas pagal naują Baudžiamąjį kodeksą.
In the article the author raises and analyses problems related to legal evaluation of organized crime. According to the author, the new Criminal Codes influence on organized crime is not effective. Concrete forms of organized crime activities are named in the Criminal Code. Legislation attempts to fight against organized crime and criminal law is a means of fighting against this negative social phenomenon. However, the new Criminal Code as well as the previous one does not explain how organized crime differs from traditional accessory, what forms of accessory reflect the phenomenon of organized crime. Forms of accessory are not easily identified, therefore problems of their legal evaluation and delimitation may rise. The new Criminal Code foresees more balanced system of form of complicity. First of all this issue is regulated in general part of the Criminal Code. All definitions are presented in general part and the same names are used in special part, so there is accordance between general and special parts of the Criminal Code. The system of forms of complicity became simpler. The legislator tried to define 3 different forms of complicity in the way it would be possible to delimit them. Nevertheless, some problems of delimitation are programmed in the new Criminal Code too. An important theoretic and practical problem is identification of forms of accessory, which reflect the phenomenon of organized crime, and their characteristics. These problems are partially caused by the fact that certain outdated concepts inherited from the soviet law still prevail in Lithuanian criminal law.
- Straipsniai / Articles