Conception of Injured Person in Section on Crimes against Activity of Public Official or Person Fulfilling Public Administrative Functions
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Abstract
For the first time all criminal norms related to the offences related to the activities of persons fulfilling administrative functions (when criminals disturb their normal functioning) are gathered into separate chapter of criminal code, also in comparison with old criminal code (1961) criminal responsibility is broadened (because old criminal code tried to protect only some of them- police and their supporters, representatives of government and society). Also instead of aforementioned narrow old terms two new categories: the terms “public official” and “other persons fulfilling public administrative functions” are for the first time used in Lithuanian criminal code to identify the victim of the crime. Before (in criminal code of 1961) the term “public official” was used to define only a subject of the crime.
The aim of the article is to look into reform of criminal code with relation to the mentioned definitions later to define aforementioned existing categories, identify their main features in order to help the correct usage of the articles of criminal code in theory and practice.
The author makes conclusion that the reform is positive because it reflects general tendencies in society and helps to realize the principle of justice and the principle that persons are equal against the law.
In trying to reveal the content of new categories the author identifies some problems. First of all incorrect usage of terms in formulation of legal norms when legislator instead of indicating that public officials is part of group of persons fulfilling administrative functions says that there are public officials and persons fulfilling administrative functions what is totally incorrect understanding. There are several practical problems in deciding which norm – administrative ore criminal to apply in the case because in some features both liabilities are identical. The author tries to solve existing questions analysing legal norms and the practice of the Highest Lithuanian court.
After discussing the existing problems, making historical analysis of the criminal norms, the author proposes solutions how to solve the existing shortcomings of the articles at least temporarily, because in the nearest future Lithuania must enact new administrative code and some problems hopefully would be solved.
The article is made using historical, analytical, grammatical, comparative scientific methods using critical approach.
Criminal laws are discussed using Lithuanian court practice.
The aim of the article is to look into reform of criminal code with relation to the mentioned definitions later to define aforementioned existing categories, identify their main features in order to help the correct usage of the articles of criminal code in theory and practice.
The author makes conclusion that the reform is positive because it reflects general tendencies in society and helps to realize the principle of justice and the principle that persons are equal against the law.
In trying to reveal the content of new categories the author identifies some problems. First of all incorrect usage of terms in formulation of legal norms when legislator instead of indicating that public officials is part of group of persons fulfilling administrative functions says that there are public officials and persons fulfilling administrative functions what is totally incorrect understanding. There are several practical problems in deciding which norm – administrative ore criminal to apply in the case because in some features both liabilities are identical. The author tries to solve existing questions analysing legal norms and the practice of the Highest Lithuanian court.
After discussing the existing problems, making historical analysis of the criminal norms, the author proposes solutions how to solve the existing shortcomings of the articles at least temporarily, because in the nearest future Lithuania must enact new administrative code and some problems hopefully would be solved.
The article is made using historical, analytical, grammatical, comparative scientific methods using critical approach.
Criminal laws are discussed using Lithuanian court practice.
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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.
