| Abstract [eng] |
This Master thesis analyzes the criminal offence set out in Article 284 of the Criminal Code – public disorder. The first part of the thesis deals with the definition and development of public disorder; foreign criminal law criminalizing acts with similar content was also considered. The second part is devoted to the research of the constituent elements of the act through the prism of criminal law, doctrine and case-law. Particular attention was paid to reveal the problem noted in the case-law, which is extremely relevant in this work, this is also noted from the list of sources. All constituent elements of this criminal offence are analyzed in this thesis, examples of such constituent elements which are reflected in case-law and their characteristics of qualification are given. The third part provides the analysis of criminal liability arising from breaching public order and peculiarities of sentencing observed in case-law. This part also focuses on institutes of suspended sentence and exemption from criminal liability. The delimitation analysis of criminal and administrative liability for breaching public order is carried in the last, fourth part of the thesis, similarities of both liabilities are discussed, mostly focusing on differences between them and characteristics which help to delineate these liabilities. The topic of the Master thesis is revealed on the basis on criminal law and its comment, analyzing scientific publications and law doctrine. Particular attention was paid to the analysis of case-law; the practice of all courts of general jurisdiction was widely reviewed by analyzing 66 cases of the Supreme Court of Lithuania, 13 cases of the Court of Appeal of Lithuania and even 204 cases of Regional Courts of Lithuania. |
