BAUDŽIAMOSIOS ATSAKOMYBĖS UŽ DOKUMENTO SUKLASTOJIMĄ AR DISPONAVIMĄ SUKLASTOTU DOKUMENTU TAIKYMO YPATUMAI LIETUVOS BAUDŽIAMOSIOS TEISĖS JURISPRUDENCIJOJE

Abstract

The author analyses the most significant problems in applying Article 300 Part 1 of the Criminal Code of the Republic of Lithuania, which concerns the field of Lithuanian criminal doctrine and current court practice. First, some doubts are highlighted about the regulation of this article in criminal law. In the author’s opinion, a shortcoming occurs in the Criminal Code of the Republic of Lithuania when there is no criminal liability for obtaining a forgery. The features of the document are then briefly analysed and given finding that the electronic document, as well as simple document, could be the object of such crime – the main attention must be pointed to the legal significance of the document. The largest part of the article concerns the specifics of applying Article 300 Part 1 in court practice, noting not formal criminal liability but making the legal significance of the document to legal relationships. In generalising the criminal law of different foreign countries and the practice of Lithuanian courts, it is concluded that a change to the criminal code is needed. Because of that, the author suggests including some additional features in Article 300 Part 1 of the Criminal Code of the Republic of Lithuania.