ŠVELNESNĖS, NEGU ĮSTATYMO NUMATYTA, BAUSMĖS SKYRIMO PAGAL BK 62 STRAIPSNIO 2 DALĮ PAGRINDAI IR JŲ TAIKYMO PROBLEMOS

Abstract

This publication examines the problems faced by Lithuanian courts in applying a more lenient penalty than provided for by law under the provisions of paragraph 2 of Article 62 of a Criminal Code. It has been noted that the application of this article in judicial practice is mixed and that these applications sometimes even contradict each other (in some cases, an analogous situation is assessed in three different ways by the courts). This article provides the brief characteristics of paragraph 2 of Article 62 of a Criminal Code. Two main issues are also analysed: 1) implementation problems involving one of the main provisions of paragraph 2 of Article 62 of a Criminal Code – “the presence of mitigating circumstances“; 2) an interrelationship problem involving mitigating circumstances and the provisions of this paragraph of a Criminal Code, answering the question “can the same circumstance be considered as one of the required mitigating circumstances at the same time as applying it as one of the remaining provisions of paragraph 2 of Article 62 of the Criminal Code?” The author provides his critical view on these problems and gives suggestions on ways to solve them.