Oficialusis nusikalstamų veikų kvalifikavimas ir jo prielaidos.

Abstract

In this article the author focuses on two newly interpreted aspects of the theory of qualification of criminal offences. The first is official qualification of criminal offences and its limits, the second -the prerequisites of official qualification,The author gives his support to the arguments that the current theory of qualification of criminal offences is one-sided and incomplete. Several decades ago, it split off as a certain autonomous part of the theory of criminal law. Lithuanian lawyers have to this day been developing it as a component of this theory. This substantially limits the potential of the qualification theory and practical effectiveness. The author believes that the qualification of criminal offences and its theory reaches beyond the sphere of criminal law and its science. In essence, the phenomenon of qualification is a certain activity performed in the sphere of criminal justice. It is designated for the purpose of making an official determination of whether a committed deed is criminal or non-criminal. This activity is regulated by the provisions of various branches of law. In respect of law, the official qualification of criminal offences constitutes an independent interdisciplinary institute of law, therefore, it calls for a wider doctrine to serve it. It is most important that the relevant pans of criminal procedure law and criminal procedure science are creatively integrated into this institute and its doctrine. There is no such a necessity in respect of the so-called unofficial qualification, which is not imperatively regulated by the provisions of law...