Asmenų, susijusių su organizuotomis nusikalstamomis grupuotėmis, atleidimo nuo baudžiamosios atsakomybės ypatumai

Abstract

Criminal Code stipulates release from criminal liability in the situation when a person actively cooperates revealing criminal actions done by organized group or criminal joinder members. Thus legislator stipulated compromise between criminals and law enforcement institutions. This compromise is socially useful, because it is often difficult and sometimes impossible to prove quilt of a person, who participated in the actions of organized crime group or criminal joinder. This could be done only invoking help of organized crime groups and criminal joinders members. According to this norm, legislator seeks unbundlement of organized crime groups or criminal joinders, seeks collaboration of such groups members with law enforcement institutions, support detecting and arraigning organizers, leaders and other active members of organized crime groups and criminal joinders.
Undoubtedly, law enforcement institutions must fight against organized crime looking for effective means and ways to do this. Therefore the author analyzes conditions and basis of implementation of this norm in order to seek compromise with members of organized crime groups and criminal joinders. The author also discuss whether such a kind of release from criminal liability is truly helpful revealing, accusing and sentencing members of organized crime groups and criminal joinders.