Institute of Reconciliation between Defendant and Victim in the Criminal Code of the Republic of Lithuania: Historical and Comparative Aspects
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Abstract
The article introduces the analysis of the institute of exemption from criminal responsibility when the culprit and the victim reconciliate. The analysis is based on the provisions of the valid Criminal Code of the Republic of Lithuania and their comparison with provisions of the Criminal Code, which was in force untill 1 May 2003 as well as with regulation of this institute in foreign countries.
First written legal acts of Lithuania, as well as the Criminal Statute of independent Lithuania (1918–1940) provided for a possibility of a milder punishment for a culprit who is reconciled with a victim.
Initial consolidation of the reconciliation institute in the modern criminal law of Lithuania began in the criminal procedure with the institute of private prosecution cases. In 1993 the Criminal Code established a possibility to exempt a culprit from criminal liability in case of his reconciliation with a victim. This provision has remained in the Criminal Code of the Republic of Lithuania, which came into force on 1 May 2003.
The exemption from criminal responsibility when the culprit and the victim reconciliate is provided in the Article 38 of the valid Criminal Code. It is one of the types of the exemption from criminal responsibility. It is applied where the following conditions are met: the person has committed certain criminal deed which attributed to the cafegory of offence, crime of negligence, or minor deliberate crime; a coulprit has compensated or removed damage, made to natural or legal persons by his own will or agreed to remove or compensate it after the exemption from criminal responsibility; a culprit reconciliated with a victim (natural person) or with the representative of legal person or of state institution; there are grounds to believe that this person will not commit new criminal deeds.
Application of exemption of a culprit from criminal liability in case of his reconciliation with a victim is ad hoc, i. e. a competent subject has the right to apply the Article 38 of the Criminal Code to a person, or to refuse to apply it. Exemption of a culprit from criminal liability in case of his reconciliation with a victim is not a subjective right of the culprit.
Possibilities of reconciliation of the culprit and victim are also related to the personality of a culprit due to which, in cases imperatively specified in the criminal law, this kind of exemption of a culprit from criminal liability is not applied to a culprit.
The valid Criminal Code, comparing to the Criminal Code of the Republic of Lithuania of 1961, establishes a possibility to apply this kind of exemption of a culprit from criminal liability broader and more frequently. The circle of deeds in the case of commitment of which a culprit may be reconciled with a victim has been broadened; more favourable conditions for a culprit to compensate the inflicted damage to a culprit has been provided for; the number of cases, when the application of this kind of exemption of a culprit from criminal liability is prohibited, has been reduced.
The institute of exemption from criminal responsibility when a culprit and victim reconciliate exists in criminal law of some West European countries, for intance, in Spain. Nevertheless, these are rare exceptions: in most West European countries (France, Finland, Austria, Germany, Netherlands etc.) this institute, analogous to the said institution, provided for in Lithuanian Criminal Code, does not exist. But in these countries there exists a possibility to exempt a person from criminal responsibility, if he (she) compensates damage inflicted by a crime. The institute, analogous to the institute of exemption from criminal responsibility when defendant and victim reconciliate provided in Lithuanian criminal law exists mostly in post-soviet countries, like Azerbaijan, Latvia, Poland, Ukraine.
The institute of exemption of a culprit from criminal liability in case of his reconciliation with a victim implements the strife of the State to rationally regulate criminal legal relationships, establish grounds for the punishment of persons for the committed criminal deeds. This institute combines the interests which occur in a hostile junction, create a possibility to co-ordinate public and private interests in the procedure of different criminal cases with the active participation not only of the State, bust also of the culprit and victim.
First written legal acts of Lithuania, as well as the Criminal Statute of independent Lithuania (1918–1940) provided for a possibility of a milder punishment for a culprit who is reconciled with a victim.
Initial consolidation of the reconciliation institute in the modern criminal law of Lithuania began in the criminal procedure with the institute of private prosecution cases. In 1993 the Criminal Code established a possibility to exempt a culprit from criminal liability in case of his reconciliation with a victim. This provision has remained in the Criminal Code of the Republic of Lithuania, which came into force on 1 May 2003.
The exemption from criminal responsibility when the culprit and the victim reconciliate is provided in the Article 38 of the valid Criminal Code. It is one of the types of the exemption from criminal responsibility. It is applied where the following conditions are met: the person has committed certain criminal deed which attributed to the cafegory of offence, crime of negligence, or minor deliberate crime; a coulprit has compensated or removed damage, made to natural or legal persons by his own will or agreed to remove or compensate it after the exemption from criminal responsibility; a culprit reconciliated with a victim (natural person) or with the representative of legal person or of state institution; there are grounds to believe that this person will not commit new criminal deeds.
Application of exemption of a culprit from criminal liability in case of his reconciliation with a victim is ad hoc, i. e. a competent subject has the right to apply the Article 38 of the Criminal Code to a person, or to refuse to apply it. Exemption of a culprit from criminal liability in case of his reconciliation with a victim is not a subjective right of the culprit.
Possibilities of reconciliation of the culprit and victim are also related to the personality of a culprit due to which, in cases imperatively specified in the criminal law, this kind of exemption of a culprit from criminal liability is not applied to a culprit.
The valid Criminal Code, comparing to the Criminal Code of the Republic of Lithuania of 1961, establishes a possibility to apply this kind of exemption of a culprit from criminal liability broader and more frequently. The circle of deeds in the case of commitment of which a culprit may be reconciled with a victim has been broadened; more favourable conditions for a culprit to compensate the inflicted damage to a culprit has been provided for; the number of cases, when the application of this kind of exemption of a culprit from criminal liability is prohibited, has been reduced.
The institute of exemption from criminal responsibility when a culprit and victim reconciliate exists in criminal law of some West European countries, for intance, in Spain. Nevertheless, these are rare exceptions: in most West European countries (France, Finland, Austria, Germany, Netherlands etc.) this institute, analogous to the said institution, provided for in Lithuanian Criminal Code, does not exist. But in these countries there exists a possibility to exempt a person from criminal responsibility, if he (she) compensates damage inflicted by a crime. The institute, analogous to the institute of exemption from criminal responsibility when defendant and victim reconciliate provided in Lithuanian criminal law exists mostly in post-soviet countries, like Azerbaijan, Latvia, Poland, Ukraine.
The institute of exemption of a culprit from criminal liability in case of his reconciliation with a victim implements the strife of the State to rationally regulate criminal legal relationships, establish grounds for the punishment of persons for the committed criminal deeds. This institute combines the interests which occur in a hostile junction, create a possibility to co-ordinate public and private interests in the procedure of different criminal cases with the active participation not only of the State, bust also of the culprit and victim.
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