Property Gain as a Subject-Matter of Crime: Methodical Analysis of Norms
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Abstract
The article deals with the norms of chapter XXVIII of the new Criminal Code of Lithuania in the aspect in which it criminalises illegal obtain of property gain. All the crimes turned to illegal enrichment at the expense of another person can be classified according to the form of property gain the perpetrator obtains. The author defines the notion of property gain operating with the terms of Civil Law and adapting them to the needs of Criminal Law. According to the author the property gain in general means a certain result of realization of property interest of a person and can exist in various material and immaterial forms, however, some crimes can be directed only at material moveable property (theft, robbery), some of them being of a broader content can also be directed at immaterial property such as property rights and obligations as well as other forms of property gain.
The author provides with the methodical point of view on the entire system of the norms which foresee liability for illegal enrichment at the expense of another person, explains essential questions: what means the property in crimes of theft and robbery, in what ways the property gain can be obtained in fraud, extortion and the other crimes, what are the criterions of delimitation of criminal and civil liability in case of evasion of property obligation. The author also provides with scientific evaluation of actual legal definition of separate crime and gives proposals on their proper explanation.
The author provides with the methodical point of view on the entire system of the norms which foresee liability for illegal enrichment at the expense of another person, explains essential questions: what means the property in crimes of theft and robbery, in what ways the property gain can be obtained in fraud, extortion and the other crimes, what are the criterions of delimitation of criminal and civil liability in case of evasion of property obligation. The author also provides with scientific evaluation of actual legal definition of separate crime and gives proposals on their proper explanation.
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Articles
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Please see Copyright and Licence Agreement for further details.
