Verbrechen und vergehen im Strafrecht der Bundesrepublik Deutschland und im Entwurf eines Strafgesetzbuches für die Republik Litauen.
a. According to German law, crimes are illegal actions the punishment for which is imprisonment for at least one or more years. Offences are illegal actions the punishment for which is (he shortest imprisonment or a fine. The difference is abstract. It does not depend on the infliction of punishment in every particular case. The dichotomy of crimes and offences expresses a specific gradation upwards. Rules allow to treat crimes as offences. A corpus delicti is an exception to criminal statistics. The difference between a crime and an offence is valid not only in Criminal Code but also in criminal law and criminal process. b. The attachment of a corpus delicti to a crime or an offence in the framework ofpitnitivity is important looking from many angles: - an attempt to commit a crime is punitive only as defined in the law (§ 231 dStGB). - an attempt to take up criminal activities is punitive only according to § 301 dStGB. - a threat (§ 241) is punitive only if it is related to a crime. c. The effect of criminal prosecution according to (§ 153 ff. dStPO). Prosecution or a case may be dismissed only with the object of an offence present. The abatement of action according to obligations or orders is impossible in case there is a suspiction of a person having committed a crime (§ 153 a dStPO). d. The classification of crimes/offences defines the steps of criminal process, especially the competence of court. e. The classification of crimes/offences provides the German legislators with certain spheres. A legislator of criminal laws may claim it necessary to widen investigation means due to the changed public relations and the appearance of new criminal forms. In this case, the legislator may raise a question whether the means may be used only for grave crimes or for offences too. In the Lithuanian draft, the gravest punishment for a crime is imprisonment. For criminal negligence the punishment is 10 years of imprisonment and. for intentional crime maximum 6 years of imprisonment.
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