| Abstract [eng] |
The master's thesis analyzes the composition of the criminal offense of trading in influence and it's implementation, as well as the development of Lithuanian national law in the implementation of obligations arising from international criminal law. In Lithuania until 2011 Article 226 of the Criminal Code criminalized only the bribery of an intermediary, but taking into account the recommendations of the Criminal Law Convention on Corruption Control by GRECO, the criminal law was supplemented and currently meets the standards of international criminal law, but it should be noted that Lithuania imposes stricter liability for trading in influence than other countries by establishing qualified compositions of active and passive trading in influence - examples of Norway, Estonia, Spain, Netherlands, Germany are presented in the work. Analyzing international and national legal acts, court practice, doctrine and other sources, problematic features of the composition of trading in influence have been identified. In order to reveal the importance of trading in influence and other corruption crimes, high-profile cases are discussed, statistics on the growth in the number of trading in influence crimes are presented, and the separation of trading in influence from other similar criminal acts is discussed. Based on the case law presented in the work, quite different assessment of court evidence is shown in the qualification of trading in influence. Analyzing the problematic features of the composition, the focus is mainly on the concept of immaterial bribe, which has not yet been formed either at the legislative level or in courts practice, the perception of a person equated to a civil servant, the signs of alleged and probable influence. The need to provide for a sign of fraud in the composition of the trading in influence is assessed. Analyzing sanctions for the trading in influence and their amounts in Lithuanian national law and providing examples in the criminal codes of other countries reveals the rather strict criminal policy of Lithuania in relation to trading in influence and other crimes against public service and public interests. Also, the problem of the only prison sentence provided for qualified bribery of an intermediary is noted. |
