Mokėjimo instrumento sąvoka Lietuvos baudžiamojoje teisėje

Abstract

Many of the institutions of the Criminal acts, which were formulated in the earlier Criminal acts, were reformed in the new Criminal code of Lithuania (hereafter – Criminal code). There were also new criminal acts determine in the Criminal code. The novels are also foreseen criminal responsibility for the production and illegal disposal of the counterfeit instruments of the payment, which are meant for the payment in non-cash (Art. 214 of the Criminal Code) and criminal responsibility for the illegal instruments of the payment or the using of the data of the illegal instruments of the payment (Art. 215 of the Criminal Code). The criminal acts, which are foreseen in Art. 214 and 215 of the Criminal Code, are distinguished by the object of the criminal act from other criminal acts of the Criminal Code. The object of the criminal acts, which are foreseen in Art. 214 and 215 of the Criminal Code, is the subject of this article.
The aim of the article is to disclose the concept of the object of the criminal acts, which are foreseen in Art. 214 and 215 of the Criminal code. The author used logical method, comparative method and the method of the systematic interpretation of the law to reach the aim of the article. The author analyses the problems, related to the detailed determination of the object of the mentioned criminal acts. The author discloses the content of the definition of the money, stocks and the instruments of the payment, they interconnection and the differences, the possibility to separate the criminal acts foreseen in the art. 213, 214 and 215 of the Criminal Code by using the definitions of they objects. There are presented the suggestions to use the definition of the instruments of the payment to describe any means of the payment and the theoretical meaning of the definition of the instruments of the payment. The author also presents suggestions to correct the object of the criminal acts, which are foreseen in the Art. 213, 214 and 215 of the Criminal Code. These suggestions were made on the grounds of the practice of the foreign countries and the analysis of other norms of the Lithuanian law.