Lietuvos Respublikos baudžiamojo kodekso 179 straipsnyje numatyta nusikalstamą veiką ir civilinį teisės pažeidimą skirianti riba

Abstract

The aim of this article is to examine the crime determined in the Article 179 (illegal use of electrical energy, gas, internet, water, etc.) of the Criminal Code of the Republic of Lithuania with the aim of distinguishing the most important construction features in delimiting tort and the mentioned crime. The main attention is given to the objective features of this crime: the act, the matter, damages. Firstly, it is dealt with the theory of Criminal Law; some comments about substantial Criminal Law principle – ultima ratio are made, the ideas of different authors about the level of crime dangerousness are analysed. The author points to the importance of these theoretic materials in the field of making difference between the crime and the tort not only in general, but also when we discuss illegal use of electrical energy or other similar offences. Next, the author discusses the court decisions, which we can meet in the criminal and civil cases. The author notices that very similar or almost the same situations are sent to different courts – criminal or civil without any substantial arguments. In the author’s opinion, such court practice is not suitable.