TEISINGUMO PRINCIPAS KAIP BAUSMĖS VYKDYMO ATIDĖJIMO PRIELAIDA

Abstract

In this article the author takes a new approach to the separate aspects of the implementation of the principle of justice in regards to criminal liability, which are related to the basic principles of imposition of a penalty (Criminal Code of the Republic of Lithuania) Article 54 of the Code), a less severe penalty than that provided for by law, and possibilities to postpone the execution of a sentence (Criminal Code of the Republic of Lithuania Article 75). The author asserts that criminal law is an evolving branch of law that must adapt to developments in society. Two new questions present themselves for discussion: First, can the suspension of the execution of a sentence provided for in Article 75 of the Criminal Code (hereinafter CC) be considered as penalty mitigation? Second, can the court suspend the execution of the imposed sentence on the basis of the principle of justice, even in cases when the convict does not comply with the conditions of Article 75 of the CC? Presenting the arguments and the analysis of the current scientific doctrine and case law, the author concludes that the Supreme Court should interpret the provisions of Article 75 (2-3) of the CC more broadly and, if necessary, implement Article 54 (3) of the CC when imposing a suspended sentence, even in cases when all the conditions specified in Article 75 of the CC are not present. This contention, and the general discussion raised in this article, is intended to encourage scholarly debate that could influence the current approach to the imposition of a less severe penalty than that provided for in the article‘s sanction and its relationship to the suspension of the execution of a sentence.