| Abstract [eng] |
The Master's thesis analyses the most relevant type of postponement of the execution of a sentence – suspension of the execution of a custodial sentence for adults. An analysis of more than 150 relevant criminal cases is presented, which includes more than 100 rulings of the Supreme Court of Lithuania. It should be noted that the aim of this institution is to impose as many non-custodial sentences as possible in order to reduce the number of persons in prisons and to help the offender to re-socialize. At the beginning of the thesis, the concept of probation in Lithuania and abroad is presented. Probation in Lithuania is considered a suspension of the execution of a sentence and parole from correctional institutions. In foreign countries, probation may be applied before the sentence is imposed or as a sentence itself. In order to reveal the essence of the suspension of sentence, a historical analysis of Article 75 of the Criminal Code is presented, noting that the Article has been amended seven times since its entry into force until 2022. The second part analyses the institution of suspension of full and partial deprivation of liberty. Based on the research, the aim is to analyse as far as possible the possibilities of application and the separation of the two institutions of deprivation of liberty. The analysis of the case law reveals a problem caused by the fact that the law does not imperatively determine what the court must take into account when deciding whether the objectives of the sentence will be achieved by suspending the execution of the sentence in full or in part. It is noted that in addressing this issue in practice, the circumstances of the commission of the crime (for example, the manner, motive) and the personality of the perpetrator (for example, education, marital status) are assessed. The third part of this thesis also presents the concept of intensive supervision, criminal sanctions and responsibilities of suspending the execution of a custodial sentence, possible combinations of their application and their individual imposition. |
