Nusikalstamos veikos ir civilinės teisės pažeidimo atribojimo koncepcija Lietuvos baudžiamojoje teisėje

Abstract

Research problem. From the historical perspective, criminal law emerged considerably later than civil law. For example, the majority of current ‘pure’ crimes such as theft, robbery were considered to be civil torts in the Roman law343. Later, the scope of criminal law expanded accepting in its jurisdiction more and more acts previously considered to be civil torts. Recently, the circle of crimes expanded to such an extent that the line between criminal and civil liability became an increasingly topical and complicated question in criminal law theory and case-law. Firstly, in the doctoral dissertation, with reference to the purpose of criminal law, the features of a crime (focusing on dangerousness) and the last resort (ultima ratio) principle, the author develops a theoretical conception meant to help solve problems concerned with marking the line between crime and tort. Later, while analyzing caselaw, fundamental problems in the assessment of particular types of crimes in the view of criminal and civil liability are crystallised and criteria that correspond to the developed conception and enable distinguishing the kinds of offences committed are presented.