Conception of Public Official in State Service and Public Interests Crimes Section
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Abstract
The term „public official“ and crimes to the public service is the most controversial topic in Lithuanian criminal law because legislator changed it’s meaning and content several times in the period of independence. The aim of the author- to reveal definitions „public official and persons equated to public official“ in Lithuanian criminal code. Because those terms survived several changes during Lithuanian independence and also because there was no unanimous opinion among Lithuanian scientists regarding that topic the author of the article at first historically reveals how the definition was changing in the period of Lithuanian independence. The aim of it- to see why the main changes were made and if they were successful for Lithuanian criminal code. According to the authors’ opinion reform of those articles during which there was eliminated difference between analogous crimes – corruption, bribe, in public service and private service can’t be evaluated only positively because those two spheres are regulated by two opposite legal methods- imperative and dispositive and sometimes corruption in public sphere may be not corruption in private sphere.
Criminal code gives two definitions- one of public official, the other- of natural persons, who are equated to public officials and there we have some problems because legislator by conceptualising those terms uses some conceptions which are not revealed in other legal acts, some of them are already outdated or ambiguous, mixes terms, definitions, does not use terms which are common in civil law, the meaning of some terms used in the definition has several meanings and one can understand them differently.
After discussing the existing problems the author of the article tries to disclose contents of every definition, to discuss main problems in practise and propose some solutions but the main conclusion of the author- Lithuanian scientists should discuss the possibility to distinguish between public and private sector and only after making conclusions formulate definitions of public official and persons equated to them.
The article is made using historical, analytical, grammatical, comparative scientific methods using critical approach.
Existing definitions of public official are compared with analogous definitions in some developed West countries.
Criminal laws are discussed using Lithuanian court practice.
Criminal code gives two definitions- one of public official, the other- of natural persons, who are equated to public officials and there we have some problems because legislator by conceptualising those terms uses some conceptions which are not revealed in other legal acts, some of them are already outdated or ambiguous, mixes terms, definitions, does not use terms which are common in civil law, the meaning of some terms used in the definition has several meanings and one can understand them differently.
After discussing the existing problems the author of the article tries to disclose contents of every definition, to discuss main problems in practise and propose some solutions but the main conclusion of the author- Lithuanian scientists should discuss the possibility to distinguish between public and private sector and only after making conclusions formulate definitions of public official and persons equated to them.
The article is made using historical, analytical, grammatical, comparative scientific methods using critical approach.
Existing definitions of public official are compared with analogous definitions in some developed West countries.
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.
