Apkaltinamojo nuosprendžio priėmimo senaties samprata, juridinė prigimtis bei jos taikymo sąlygos pagal 1961 ir 2000 metų Baudžiamuosius kodeksus

Abstract

In the present article the author provides an analysis of the justification of the existence of the limitation of a judgement of conviction and its legal origin. What is more, the author discusses the opinions of the researchers of criminal law on these issues, while the main focus is on the problem of the dissociation of the limitation of the judgement of conviction from the release from criminal responsibility. As the essence of each legal institute consists of the conditions of its application, the author presents an in-depth analysis of the validation of the conditions of the limitation of the judgement of conviction in CC 1961 and CC 2000. The author analyses the factors determining the duration of the terms of passing the judgement of conviction in CC 1961 and CC 2000, the main focus being on the question whether the legislator can determine equal terms of the limitation of the judgement of conviction for a careless or less serious crime. The article deals with the problems of the validation of differentiated and non-differentiated terms of the limitation of the judgement of conviction in criminal law; the author suggests that non-differentiated terms should depend on the gravity (seriousness) of the criminal act.