Abstract [eng] |
This master thesis analyzes the need and possibilities for the criminalization of identity theft as a criminal act in Lithuania. In particular, the concept of identity theft is discussed and it is assessed whether personal data and identity can be regarded as identical concepts. The historical development of identity theft and the way in which personal identity theft has evolved and intensified as periods change and technology evolves are discussed. It is mentioned that identity theft has become an extremely common and uncontrollable crime these days, as information about individuals is available everywhere. In addition, the internet makes it much easier to commit identity theft. This work identifies and defines the main forms of identity theft, as a deeper analysis of these acts reflects the scale of such acts and the damage they cause. The third chapter of this paper first analyzes foreign countries by providing an assessment of how identity theft is criminalized in foreign countries such as the United States, France, Germany, Estonia, and Latvia. Turning to the analysis of Lithuania, the master's thesis analyzes the criminalization of individual elements of personal data theft in Lithuania and assesses whether the theft of a person's identity can be considered a crime against a person's privacy. It is concluded that Articles 167-168 of the Criminal Code of the Republic of Lithuania, which deal with violations of a person's private life, can be related only to the first stage of identity theft – the illegal collection of data about a person's private life. Finally, taking into account that the master's thesis concludes that identity theft is not considered an independent criminal offense in Lithuania, the last part of the thesis analyzes a possible model of identity theft as a criminal offense. Objective and subjective features are singled out and discussed in detail, and a possible draft amendment to the special part of the Criminal Code of the Republic of Lithuania is presented. |