| Abstract [eng] |
The structure of criminal abuse investigated in the Master's thesis is established in Article 228 of the Criminal Code of the Republic of Lithuania, by examining relevant legal sources, research by legal scholars, and the practice of the Court of Cassation. Formally, it can be said that abuse is essentially a disciplinary offense. Thus, the act of abuse is not an evil in itself, which we can intuitively perceive as a dangerous act from the point of view of the criminal law. It would be wrong to prosecute the perpetrator for not complying with the requirements of the disciplinary laws. In this case, the mistake of "identifying" different types of legal responsibilities would be made. Therefore, it is necessary to look for an additional criterion to distinguish "disciplinary" abuse from "criminal" abuse. The latter is the dangerousness of the criminal act. Unfortunately, this criterion is also quite abstract. Thus, the composition of abuse lacks clarity and precision. Hence, incriminating criminal abuse, the judge's assessment plays an extremely important role. The situation is made more complicated by the fact that it is not possible to distinguish what is the difference between the basic composition of abuse enshrined in Article 228, Part 1 of the Criminal Code of the Republic of Lithuania, and the qualified composition of abuse enshrined in Article 228, Part 2 of the Criminal Code of the Republic of Lithuania, so there is an additional level of "dangerousness", which, if exceeded, the corresponding the act is qualified according to this part of the article. The paper discusses the legal concept of criminal abuse. Subjective and objective signs of criminal abuse were also investigated in the work. |
