| Abstract [eng] |
This master’s thesis examines the illegal crossing of the state border and the illegal transportation of people across state border as a socio-legal phenomenon, and tries to reveal the basis and limits of criminal responsibility for these crimes in Lithuania. The thesis discusses the control measures of illegal migration in the European Union law and reviews the most significant EU legal acts regulating this area, which define the grounds of illegal entry into the Schengen area and oblige member states to impose appropriate sanctions. A thorough semantic comparative analysis of the genesis of the norms of article 291 and 292 of the Criminal Code of the Republic of Lithuania and their compatibility with EU law also features an evaluation of the latest initiatives in an attempt to improve these norms. The thesis discusses the object of the crimes of the illegal state crossing and illegal transportation of people across the state border of Lithuania, which is the management order in the field of border protection. It also looks at the general requirements for crossing the border established by relevant legal acts – the Law for Protection of the State Border and the Law on the Legal Status of Aliens, as well as conditions for incriminating criminal liability. Based on Article 291 of the Lithuanian Criminal Code, the features of crime composition, their interrelationship and content of the crime of illegal crossing of the state border are established in the paper. Analogously, the thesis examines the principle and qualified composition, features, their interrelationship and content of the crime of the illegal transportation of people across the state border established in the Article 292 of the Criminal Code. An attempt is made to distinguish between the compositions of the crimes under Articles 291 and 292 of the Criminal Code discussing the cases of competition of the norms and overlap of crimes. Finally, the thesis also examines the aspects of qualification in cases of coinciding criminal acts of illegal crossing of the state border or illegal transportation of the persons across state border with crimes of smuggling (Article 199 of the Criminal Code), human trafficking (Article 147 of the Criminal Code) and forgery of documents (Article 300 of the Criminal Code). |
