Transporto priemonės ridos suklastojimas – baudžiamosios atsakomybės taikymo probleminiai aspektai
MetadataShow full item record
One of the characteristic features of the legal system is a permanent regulatory developments. It depends on the changes in society and the resulting need to adjust both the new and changed the old social relations. Given this regulatory laws and regulations necessity of is perpetuating new, improved or removed existing obsolete rules. The Criminal Code of Lithuania was consolidated criminal liability for vehicle odometer tampering. We agree with the opinion that the vehicle odometer tampering is actually widespread negative phenomenon. However, enforcing a criminal liability of the vehicle odometer tampering in the Criminal Code of Lithuania grows a debate community of lawyers whether repressive measures for such offenses complies with the essential principles of criminal law, including the principle ultima ratio. Because this offense is criminalized recently, it is useful to review the law consolidation assumptions, to carry out analysis of the law structure, useful to examine whether it fulfills the ultima ratio principle. The main aim of the Article - to determine whether there are prerequisite of for vehicle odometer tampering criminalization targets and identify potential problems arising in the practical application of the criminal law for persons that have committed such offenses. Article’s investigation object of criminal liability for the vehicle odometer tampering is national legal regulation and the legal regulation practical problems. To achieve the aim of the laws in Article are used the analysis, an analytical-critical, inventory and other research methods. The method of analysis of law was carried out to the criminal liability of the vehicle odometer tampering rules governing the appearance of the Criminal Law of the assumptions was made by law structure analysis. By analytical - critical research method it is taking the legal assessment of whether these laws are consolidation of criminal law will ensure the implementation of the objectives to be achieved and the summary method, conclusions and recommendations on the analysis of the criminal law rules applicability in practice. The article examines the relevance of the subject determined by the fact that until now are no clearly settled judicial practice matter in question, and in the scientific literature of the Criminal Law Article practical applications of problems were not analyzed. For this reason important to present vehicle odometer tampering regulating the Criminal Law Article improvements and / or evaluation of other application of sanctions in the area of availability.
- Straipsniai / Articles