Crime in Lithuania: what changes after the Law Reform?
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Abstract
The following newly re-approved codes came into effect from May 1, 2003: the Criminal Code, the Code of Criminal Procedure and the Penal Code of the Republic of Lithuania.
The method of registering and accounting of criminal offences is changed too. Analyzes of crime dynamics covered the period of this changes is methodically wrong. This is predominant opinion of scientific community. The comparison of crime before and after May 1, 2003 is incorrect, they consider, because of great changes of criminalization, penal system, criminal procedure and registration of criminal offences.
However the question can be rised otherwise: what is the influence of law reform? How are changes of crime and reaction on it in new judicial environment? Does the law reform caused the changes which were the goals of the reform? The statistical data of criminal justice institutions has been analyzed.
The author concludes that:
• Modern perception of crime statistics opens facilities to analyze crime dynamics even at a period of crucial changes of law.
• Registered crime in Lithuania started to grow after the law reform. The new method of the registration of criminal offences reduces latent part of crime.
• Share of investigated criminal offences decrease, but the number of investigated criminal offences increase after the law reform. The decrease of the share of investigated criminal offences reflects a natural tendency of equal resources – more registered criminal offences, less investigated.
• The average of time spending in inquisitorial isolator remains flat. The acceleration of criminal procedure (one of the goals of the law reform) not achieved.
• Custodial sentences are passed more often after the new Criminal came into effect. One of the goals of the law reform – to reduce custodial sentences and to apply alternatives for imprisonment - is not achieved. Bigger increase of custodial sentences passed on juveniles is detected. It is assessed particularly negative by criminogenic aspect.
• The average period of custodial sentences increases after the new Criminal Code comes into effect. The average period of real imprisonment increases much more. Judicial practice turns conversely for conclusions of modern criminological cognition – long term imprisonment decreases the probability of resocialisation.
• The consciousness of judges refuses the conclusions of modern criminology on role of punishment in criminogenical processes.
• There must be obligatory criminological studies for persons eager for office of judge.
The method of registering and accounting of criminal offences is changed too. Analyzes of crime dynamics covered the period of this changes is methodically wrong. This is predominant opinion of scientific community. The comparison of crime before and after May 1, 2003 is incorrect, they consider, because of great changes of criminalization, penal system, criminal procedure and registration of criminal offences.
However the question can be rised otherwise: what is the influence of law reform? How are changes of crime and reaction on it in new judicial environment? Does the law reform caused the changes which were the goals of the reform? The statistical data of criminal justice institutions has been analyzed.
The author concludes that:
• Modern perception of crime statistics opens facilities to analyze crime dynamics even at a period of crucial changes of law.
• Registered crime in Lithuania started to grow after the law reform. The new method of the registration of criminal offences reduces latent part of crime.
• Share of investigated criminal offences decrease, but the number of investigated criminal offences increase after the law reform. The decrease of the share of investigated criminal offences reflects a natural tendency of equal resources – more registered criminal offences, less investigated.
• The average of time spending in inquisitorial isolator remains flat. The acceleration of criminal procedure (one of the goals of the law reform) not achieved.
• Custodial sentences are passed more often after the new Criminal came into effect. One of the goals of the law reform – to reduce custodial sentences and to apply alternatives for imprisonment - is not achieved. Bigger increase of custodial sentences passed on juveniles is detected. It is assessed particularly negative by criminogenic aspect.
• The average period of custodial sentences increases after the new Criminal Code comes into effect. The average period of real imprisonment increases much more. Judicial practice turns conversely for conclusions of modern criminological cognition – long term imprisonment decreases the probability of resocialisation.
• The consciousness of judges refuses the conclusions of modern criminology on role of punishment in criminogenical processes.
• There must be obligatory criminological studies for persons eager for office of judge.
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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.
