The Conception of Circumstances Excluding Criminal Responsibility
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Abstract
This article deals with the aspects of criminal law and the conception of circumstances excluding criminal responsibility. Problems related with the circumstances excluding criminal responsibility comprise topical and almost unexplored aspects of the Lithuanian criminal law.
In the beginning of the article the author contradistinguishes the elements of deed and circumstances of the notion of circumstances excluding criminal responsibility. The author declares that the deed is an element comprising formal correspondence of circumstances excluding criminal responsibility to the indications of deed as stipulated in the criminal legislation. Analysis of the characteristic of formal correspondence leads the author to the conclusion that circumstances excluding criminal responsibility coincide with certain crimes in terms of the object of the crime, key characteristics of actus reus and requirements set for the subject of the crime.
Speaking about the second element of circumstances excluding criminal responsibility the author draws a conclusion that this constituent part finds reflection in a psychic relation of the person with the deed and the resulting sequels, thus dovetailing with a mental element of corpus delicti. Moreover, circumstances as an element of crime erase indications of crime and produce a direct impact on the social substance of the deed, which is qualified as beneficial to the public or neutral in the criminal sense.
Further on, the article tackles different perception of sources of circumstances excluding criminal responsibility in the Criminal Code of the Republic of Lithuania and the theory of the criminal law of the Republic of Lithuania.
The author goes deep into the analysis of the system of circumstances excluding criminal responsibility and voice critical remarks on the operating and the new Criminal Code of the Republic of Lithuania indicating the flaws and inaccuracies in the key criminal legislation of the state.
In the beginning of the article the author contradistinguishes the elements of deed and circumstances of the notion of circumstances excluding criminal responsibility. The author declares that the deed is an element comprising formal correspondence of circumstances excluding criminal responsibility to the indications of deed as stipulated in the criminal legislation. Analysis of the characteristic of formal correspondence leads the author to the conclusion that circumstances excluding criminal responsibility coincide with certain crimes in terms of the object of the crime, key characteristics of actus reus and requirements set for the subject of the crime.
Speaking about the second element of circumstances excluding criminal responsibility the author draws a conclusion that this constituent part finds reflection in a psychic relation of the person with the deed and the resulting sequels, thus dovetailing with a mental element of corpus delicti. Moreover, circumstances as an element of crime erase indications of crime and produce a direct impact on the social substance of the deed, which is qualified as beneficial to the public or neutral in the criminal sense.
Further on, the article tackles different perception of sources of circumstances excluding criminal responsibility in the Criminal Code of the Republic of Lithuania and the theory of the criminal law of the Republic of Lithuania.
The author goes deep into the analysis of the system of circumstances excluding criminal responsibility and voice critical remarks on the operating and the new Criminal Code of the Republic of Lithuania indicating the flaws and inaccuracies in the key criminal legislation of the state.
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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.
