| Abstract [eng] |
The master‘s thesis analysis community service penalty. Historical aspects of community service penalty, concept and meaning are examined, community service penalty is compared with a measure of penal effect – free works. Community service penalty is examined based on sources of Lithuanian criminal law of different periods. It was established that the oldest sources of Lithuanian criminal law did not provide nor community service penalty, nor penalties, similar to community service penalty. Community service penalty as separate penalty appeared in the second half of 20th century, so it is modern penalty. The practice of applying community service penalty is examined based on court practice. There were randomly selected for analysis each 50 first-instance court criminal cases examined from 2017 to 2021 regarding the sentencing of community service penalty and the application of community service penalty. During the examination of criminal cases regarding the sentencing of community service penalty it was established that community service penalty is usually imposed on persons who have committed criminal acts, provided for in Article 140 of the Criminal Code. During the examination of criminal cases regarding the application of community service penalty it was noticed that in these cases the court usually resolved the issue of replacing the community service penalty with another penalty. In most of the examined cases, the court satisfied the proposal of the probation service to replace the community service penalty with another penalty, because it found that the convicts avoid serving the community service penalty. Features of community service penalty execution are analyzed on the basis of legal regulation, doctrine and statistics. The concept of probation provided in the Probation Law should be expanded. This concept should cover all the functions performed by the probation service, as the functions of the probation service are not limited to the execution of probation. The probation service also enforces the community service penalty, liberty restriction penalty, appropriate criminal sanctions and educational sanctions. |
