The Problems of the Implementation of the Criminal Jurisdiction for Citizens of the Republic of Lithuania, who according to National Law enjoy Immunity
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Abstract
Recent events once again proved that the restrictions of the criminal jurisdiction, determinated by the Constitution of the Republic of Lithuania and other laws, are acute and give rise to many discussions about the citizens of Lithuania, who occupy certain positions or strive to achieve them. The discussions arise due to both the expedience of immunity guaranteed by respective laws for above mentioned persons and the meaning of immunity for the implementation of the state criminal jurisdiction.
The inviolability of the president is a tradition which has lasted for centuries. Therefore, it is comprehensive and unquestionable to all that immunity for those persons must be secured and has to be ensured by the laws of many states. In this problem the discussion is raised only due to the term of immunity and the possibility to annulate it. Whereas one could say, that the immunity of parliament’s members, judges and persons, who are running for particular high state positions, from criminal jurisdiction is a quite new and painful issue, especially when confronted with the problem of applying immunity as a protection from criminal responsibility. The author focuses on problematic rules of respective legal acts and the possibilities for improving the current situation during the elaboration of this problem.
The topicality of the raised issues is also proves by the fact, that legislators of Lithuanian laws and other commissioned high state officials or institutions confront the perception of content or separate concepts of the Constitution of the Republic of Lithuania as well as other laws according to which immunity are guaranteed for respective Lithuanian citizens. The definition of the prosecution is first of all the problem encountered when the issue of consent or permission for the prosecution is raised. Practice shows, that the mentioned objective is explained inappropriately. Therefore, the author aims to show the content of the problematic definition and to draw attention to reasons, consequences and ways of making decisions of collision of theory of the criminal law and the law of the criminal process.
The inviolability of the president is a tradition which has lasted for centuries. Therefore, it is comprehensive and unquestionable to all that immunity for those persons must be secured and has to be ensured by the laws of many states. In this problem the discussion is raised only due to the term of immunity and the possibility to annulate it. Whereas one could say, that the immunity of parliament’s members, judges and persons, who are running for particular high state positions, from criminal jurisdiction is a quite new and painful issue, especially when confronted with the problem of applying immunity as a protection from criminal responsibility. The author focuses on problematic rules of respective legal acts and the possibilities for improving the current situation during the elaboration of this problem.
The topicality of the raised issues is also proves by the fact, that legislators of Lithuanian laws and other commissioned high state officials or institutions confront the perception of content or separate concepts of the Constitution of the Republic of Lithuania as well as other laws according to which immunity are guaranteed for respective Lithuanian citizens. The definition of the prosecution is first of all the problem encountered when the issue of consent or permission for the prosecution is raised. Practice shows, that the mentioned objective is explained inappropriately. Therefore, the author aims to show the content of the problematic definition and to draw attention to reasons, consequences and ways of making decisions of collision of theory of the criminal law and the law of the criminal process.
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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.
