| Abstract [eng] |
The master's thesis examines the application of criminal liability for criminal bankruptcy and compliance with the law by analyzing legislation and case law, comparing the insights and interpretations of legal scholars, as well as comparing regulations with the Italian Republic and the United States. The work begins with an analysis of the concepts of insolvency and bankruptcy in order to understand the essence of bankruptcy itself, the concept of which is enshrined in Article 209 of the Criminal Code of the Republic of Lithuania. After reviewing the development of criminal bankruptcy, based on the case law, the analysis of the composition of this crime: object, objective side, subject and subjective side is performed. This section focuses on the features of the objective side. It seeks to distinguish mismanagement from elementary business risk, since the criminal law does not clearly establish a sign of mismanagement. Secondly, the consequences of a criminal insolvency amounting to 150 BSB (Basic Social Benefit) in pecuniary damage, which are questionable in line with the principle of criminal liability as an ultima ratio measure. After analyzing the composition of the crime and considering the fact that only a uniform custodial sentence is provided for criminal bankruptcy, the assessment of sanctions for criminal bankruptcy was moved to, as well as a statistical analysis of sentencing. The work states that for this crime, less severe alternative punishments should be provided, such as a fine or restriction of liberty. Finally, the analysis concludes by comparing the features of criminal bankruptcy and intentional bankruptcy as a civil tort and presenting the criteria for separation, indicating that these are institutions regulated by different branches of law, differing not only in severity and consequences but also in proving wrongdoing. |
