Nusikaltimai žmoniškumui ir jų reglamentavimas Lietuvos Respublikos baudžiamojo kodekso projekte

Abstract

The article deals with new regulations regarding crimes against humanity in the Draft Criminal Code of the Republic of Lithuania, Special Part, Chapter 1. Through comprehensive analysis of various aspects of the said crimes compositions and features the author is trying to reveal the shortcomings of the new regulation. He states that the proposed concept of the crimes against humanity is at least doubtful because of the incompliance with the international regulation and prudent thinking. The author comes with the motivated proposals of possible alterations and ammendments, including: elimination of the Article 81 “ Violence against a national, ethnical, racial or religious group” and Article 82 “ Incitement against a national, ethnical, racial or religious group” : these compositions of the crimes shall be either transferred to the other chapters (e.g. Crimes against human rights), or eliminated at all in order to punish them as ordinary crimes. The composition of the discrimination shall be amended by a special subject – highest public officials with the administrative or legislative powers.