| Abstract [eng] |
This master's thesis examines the relationship between defamation as a criminal act regulated by Article 154 of the Criminal Code of the Republic of Lithuania and the right to freedom of expression provided in Article 25 of the Constitution of the Republic of Lithuania and in other various foreign legal acts. The first part of this thesis explains the significance and importance of the right to freedom of expression as one of the forms of self-expression in a democratic state. This section analyzes the norms of national and international laws that regulate freedom of speech, taking into account the practice established by the European Court of Human Rights and the Constitutional Court of the Republic of Lithuania. Attention is also drawn to the fact that freedom of expression has limits that are necessary to protect the rights and freedoms of other individuals. The second part of the thesis is devoted to the analysis of the concept and regulation of the crime of defamation in the Republic of Lithuania. The changes in the regulations governing this crime are discussed, and the objective and subjective features of this criminal act are analyzed. The thesis examines the Supreme Court of Lithuania's practice in defamation cases and the interpretations presented in legal doctrine. This section also discusses the application of the ultima ratio principle in the context of defamation, emphasizing that not only criminal law can protect a person's dignity. The third part of the thesis focuses on the examination of the differentiation between the crime of defamation and the right to personal opinion. The practice formulated by the Supreme Court of Lithuania is analyzed to clarify the essential criteria for distinguishing between the act of defamation and expression of opinion, which can be used to correctly apply criminal law. This section also discusses examples of defamation in foreign countries, comparing them with the existing system and relationship with freedom of expression in Lithuania. |
