ATLEIDIMO NUO BAUDŽIAMOSIOS ATSAKOMYBĖS DĖL NUSIKALSTAMOS VEIKOS MAŽAREIKŠMIŠKUMO REGULIAVIMO IR TAIKYMO PROBLEMOS

Abstract

This article examines the issue of release from criminal liability due to the insignificance of a criminal offense. Following changes to the Criminal Code, the insignificance norm can no longer be applied to serious and very serious crimes, which unjustifiably restricts the courts’ freedom to assess the danger of a particular criminal act. The article also analyzes the practice of the Supreme Court of Lithuania in applying the insignificance norm in violent criminal offenses. An analysis of court practice has revealed that courts are more inclined to tolerate violence by women against men than vice versa, and in such cases to apply release from criminal liability, recognizing that the violence used by women does not reach the level of danger necessary to incur criminal liability. This assessment by the courts clearly contradicts the principle of gender equality. At the same time, court practice in assessing violence used by parents against their children for educational purposes was also examined. In judicial practice, there are three ways to formally avoid criminal liability in order to protect the interests of the child. And only one of these ways, in the author’s opinion, is most consistent with the purpose of criminal law and the interests of children who have been abused.