Problem of double Liability in Lithuanian Law
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Abstract
The article is dedicated to problem of double liability for the same offence. The author touches upon the notion of double liability and distinction from the double punishment. The author explains the notion of principle ne(non) bis im idem and its implementation in different branches of Lithuanian law. The author investigates the rule of double liability and its implementation in penal, administrative, civil and other branches of law.
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Particular attention the author pays to problem of double punishment in case of committing crime. There are many situations when person for the committed crime could be liable according to penal code and on the other hand administrative offences code too. In other cases you can find the practice that person for the same offence is being punished according to penal code and later according to special disciplinary statutes and disciplinary measure is being imposed on him.
The next problem is problem of collision between penal and administrative liability for the same offence. Sometimes elements of crime and administrative offence is being formulated in similar way and problems arise when judge must choose type of punishment for the offence.
The author investigates and international aspect of non bis in idem and its reflection on Lithuanian legal provisions on double punishment in penal code.
The author touched upon practice of Supreme Court of Lithuania in cases related to double liability.
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Particular attention the author pays to problem of double punishment in case of committing crime. There are many situations when person for the committed crime could be liable according to penal code and on the other hand administrative offences code too. In other cases you can find the practice that person for the same offence is being punished according to penal code and later according to special disciplinary statutes and disciplinary measure is being imposed on him.
The next problem is problem of collision between penal and administrative liability for the same offence. Sometimes elements of crime and administrative offence is being formulated in similar way and problems arise when judge must choose type of punishment for the offence.
The author investigates and international aspect of non bis in idem and its reflection on Lithuanian legal provisions on double punishment in penal code.
The author touched upon practice of Supreme Court of Lithuania in cases related to double liability.
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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.
