Tęstinės nusikalstamos veikos samprata ir požymiai

Abstract

Analysis of notion of continuous criminal conduct and its elements is a very relevant problem in Lithuanian courts practice and in theory of criminal law. But specialists of Lithuanian criminal law do not give appropriate attention to this problem. Pursuant to the practice of Supreme Court of Lithuania and to the opinions of Lithuanian and Russian criminal law specialists it is given the notion of continuous criminal conduct in this paper. It is also analyzed main elements of continuous criminal conduct, such as sameness of criminal acts, unanimous purpose, unanimous object and source. Main problems related to continuous criminal conduct are associated with elements such as unanimous purpose, unanimous object and source. The author points that unanimous purpose is imprecise element of continuous criminal conduct, because continuous criminal conduct can be committed through negligence. So author suggests unanimous purpose should be changed to an element such as unanimous content of guilt incorporated by unanimous form of guilt. Also the author notices that unanimous source as an element of continuous criminal conduct is not very definite and there are a lot of problems for Lithuanian courts to apply it when solving cases. The unanimous source is interpreted differently in different type of cases (for example, crimes related to property, crimes related to drugs, crimes related to sexual freedom and etc.) and this makes a lot of problems for unifying Lithuanian court practice. Analyzing these elements, the author criticizes well-established Lithuanian court practice and accordingly to the opinions of various criminal law specialists, the ways of elaborating the elements of continuous criminal conducts are proposed. The author also points main problems that should be analyzed by specialists of criminal law in the nearest future.