Penal Code of Lithuania and Legal grounds of the new Criminal Policy
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Abstract
The article deals with problem of criminal policy after taking into action provisions of the new Penal Code of Lithuania, adopted in September 26, 2000. The author starts describing the directions in criminal policy after proclaiming independence in 1990 till 2000. He points out two periods: first 1990–1997 and the second 1998–2003. 1997–1998 was crucial time of change in criminal policy.
The author touches upon and investigates problems emerging due to criminalization and decriminalization of particular offences in the new Code. He provides patterns of deeds that are not included in the new Penal Code. Further the author provides examples and arguments why he finds that the new Penal Code provides for the grounds for more modest criminal policy. They are following: 1. The new Penal Code abolishes supplementary penalties and provides for the rule – one penalty for one offence. 2. As a rule sanctions for particular offences include two or more alternatives to imprisonment. 3. Minimum term of imprisonment for particular offences is lowered and in major sanctions is three months.
The author investigates impacts of notion of criminal offences on criminal policy. He comes to conclusion that in some cases notion of criminal offence can be considered as tightening of criminal policy, but in other cases it can be considered as a step towards more lienent criminal policy.
Further the author investigates the impact of new provisions of the Code on particular categories of offenders. He observes the cases are still in courts or have been already resolved and outcome of the new Code towards such an offenders.
The author deals with the provisions of the article 3 of the Penal Code on temporal validity of criminal laws. He draws particular attention to the gaps in the new Penal Code and their consequences after making amendments to the Penal Code by the Law of July 4, 2003.
He pays attention to the most difficult situations when applying provisions of the article 3 of the Penal Code.
The author touches upon and investigates problems emerging due to criminalization and decriminalization of particular offences in the new Code. He provides patterns of deeds that are not included in the new Penal Code. Further the author provides examples and arguments why he finds that the new Penal Code provides for the grounds for more modest criminal policy. They are following: 1. The new Penal Code abolishes supplementary penalties and provides for the rule – one penalty for one offence. 2. As a rule sanctions for particular offences include two or more alternatives to imprisonment. 3. Minimum term of imprisonment for particular offences is lowered and in major sanctions is three months.
The author investigates impacts of notion of criminal offences on criminal policy. He comes to conclusion that in some cases notion of criminal offence can be considered as tightening of criminal policy, but in other cases it can be considered as a step towards more lienent criminal policy.
Further the author investigates the impact of new provisions of the Code on particular categories of offenders. He observes the cases are still in courts or have been already resolved and outcome of the new Code towards such an offenders.
The author deals with the provisions of the article 3 of the Penal Code on temporal validity of criminal laws. He draws particular attention to the gaps in the new Penal Code and their consequences after making amendments to the Penal Code by the Law of July 4, 2003.
He pays attention to the most difficult situations when applying provisions of the article 3 of the Penal Code.
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Articles
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Please see Copyright and Licence Agreement for further details.
