2000 metų Lietuvos Respublikos Baudžiamajame kodekse įteisintų bausmių, alternatyvių laisvės atėmimui, vertinimas, remiantis baudžiamosios politikos kontekstu

Abstract

This article analyses penalties that are alternative to imprisonment, which are laid down in completely new punitive system of Penal Code of the Republic of Lithuania of 2000. The author notices, that legislator tried to keep up with European remission trends. The article discusses preconditions for consolidating alternative penalties to imprisonment in the Penal code, specific penalties are analysed and problematic aspects of these penalties are displayed. The author points out, that either the definition of deprivation of public rights ought to be changed or additional defining attributes should be introduced. In other case, application of this type of penalty would be seriously handicapped. Arrest, as a criminal penalty has to be separated from administrative penalties, as independent type of criminal punishment with specific goals and application order. The article is critical of criminalisation of punishment evasion, as infringing one of the most important provisions of criminal liability, which hold that a person cannot be tried twice for the same crime.