Delimitation Between Criminal and Administrative Liability in Public Order Sector
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Abstract
From Soviet times in Lithuanian criminal code was introduced term of „hooliganism“ which was criticized by Lithuanian scientists as one which is very loose and under which are accommodated all the criminal deeds which could not be penalised by other articles of criminal code. In Lithuanian Criminal code, which is in force from 1st of May 2003, the old term “hooliganism” was changed by term “violation of public order” which is contemporary, reflecting today’s criminal situation and the development of legal thought. But the problem is that in Lithuania is still in force the old code of Administrative law offences (from Soviet times) in which is still the old version of “hooliganism” which means that two codes are not harmonized together. The next problem – that the second part of article 284 of Criminal code (The offence of public order) which is not crime but only criminal offence for which there is no imprisonment is almost identical to the 174 article of Administrative law offences code. The aforementioned facts raise problems to the lawyers and others applying the aforementioned articles in practice.
The aim of the article to disclose criminal offences described in the articles 284 and 285 of Lithuanian criminal code and also to distinguish them from adequate offences of Lithuanian administrative code – from articles 174 and 186. The aim is implemented by using historical, grammatical, logical methods, by analysing in detail Lithuanian court practice.
First of all the author analyses the article 284 of Criminal code – the offence of public order, revealing its objective and subjective features, the main indications, distinguishing the first part of the article from the second part, later – the author proceeds to the differentiation of the article 174 of Administrative code from the second part of the article 284 of the Criminal code.
In the second part of the article the author analyses the objective and subjective elements of the article 285 of theCriminal code and gives the main features distinguishing it from the administrative offence foreseen in the article 186 of Criminal code. The author analyses legal practice and suggests concrete proposals how to solve practical problems.
The aim of the article to disclose criminal offences described in the articles 284 and 285 of Lithuanian criminal code and also to distinguish them from adequate offences of Lithuanian administrative code – from articles 174 and 186. The aim is implemented by using historical, grammatical, logical methods, by analysing in detail Lithuanian court practice.
First of all the author analyses the article 284 of Criminal code – the offence of public order, revealing its objective and subjective features, the main indications, distinguishing the first part of the article from the second part, later – the author proceeds to the differentiation of the article 174 of Administrative code from the second part of the article 284 of the Criminal code.
In the second part of the article the author analyses the objective and subjective elements of the article 285 of theCriminal code and gives the main features distinguishing it from the administrative offence foreseen in the article 186 of Criminal code. The author analyses legal practice and suggests concrete proposals how to solve practical problems.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
