| Abstract [eng] |
The master thesis analyses the theoretical and practical aspects of criminal liability for credit fraud. The thesis discusses some aspects of the concept of credit fraud and the prevalence of this criminal offence. The criminal offence of credit fraud was introduced in the Lithuanian criminal law system in 1996 and has been improved by expanding the subject matter of the criminal offence, by introducing the qualifying features of the offence related to the property damage caused by the offence, and by introducing the form and the type of culpability. Although the number of offences is relatively low, there has been a recent upward trend. The thesis analyses the constituent elements of the offence of credit fraud: the object and subject matter are discussed, the offence and the manner in which it was committed are analysed, as well as the subject and the subjective characteristics. The thesis identifies the qualifying elements of credit fraud as substantial and very substantial damage to property and an organised group. It also examines the distinction between credit fraud and other criminal offences and offences. It has been found that the distinction between fraud, falsification of a document and disposal of a falsified document is the most frequent problem in the qualification of credit fraud. The thesis analyses the penalties and measures of penal effect for credit fraud as set out in Article 207 of the Criminal Code. According to case-law, credit fraud is most often punishable by a fine of between 52 and 200 MLS (Minimum life standard), without the imposition of any penalties. The Master's thesis compares the provisions on credit fraud in Article 207 of the Lithuanian Criminal Code with the provisions of the criminal laws of foreign countries - the Federal Republic of Germany, the Republic of Latvia and the Republic of Estonia. |
