| Abstract [eng] |
Criminal law doctrine establishes the concept of criminal consequences, i. e. criminal consequences are damages resulting from ant attack on legal good protected by criminal law. Damage as criminal consequence may be both material and immaterial. Among other things, the consequences of damage are defined as minor, substantial and very significant damage. For the purposes of this paper, it has been chosen to analyse only substantial damage. The Criminal Code of the Republic of Lithuania regulates two types of substantial damage: substantial material damage and substantial non-material damage. Substantial material damage as a feature of criminal consequences is established in the Lithuania Criminal Law both as a clearly defined feature, i. e. the Code regulates two minimum thresholds of substantial material damage, which apply to exceptional articles, and as an evaluative feature, the determination and assessment of which is carried out by the court taking into account the circumstances of the criminal act. Substantial non-material damage is regulated in the criminal law as a mixed feature. The criteria for the assessment and application of substantial non-material damage have been developed by the Supreme Court of Lithuania in individual categories of cases or in criminal law doctrine, i. e. they exist only as theoretical criteria. Foreign law also uses substantial damage as a feature of criminal consequences. German law is closer to Lithuanian law, and for so, The German Criminal Code also contains articles that define substantial damage, but it is important to note that in Germany the concept of substantial damage is used to define damage to health and imminent damage. The United Kingdom, a country in the Anglo-Saxon legal tradition, has a slightly different regulatory framework. In this country, the concept of substantial damage is not directly established in the law, but it is applicable in court proceedings. Both substantial material damage and substantial non-material damage can be found in the United Kingdom court decisions. |
