| Abstract [eng] |
Imposing of penalties is a special institution of the criminal law because the criminal law and its assignment are practically implemented while imposing the penalty on the person, who has committed the criminal deed. Thus, any penalty, imposed on the culprit, should be just and appropriately individualized. According to the provisions of part 2 of art.54 of the Criminal Code of the Republic of Lithuania, the circumstances, which facilitate amenability and are fixed in the Criminal Code, are among the factors, which influence individualization of the penalty to be imposed. By revealing certain moments to the court, which reduce gravity of the criminal deed and permit to mitigate the criminal amenability of the person, who committed this deed, these circumstances become a constituent part of imposing penalties, serving as the most important and the most complex stage of the criminal process. With taking into consideration the provisions, fixed directly in part 1 of art.59 of the Criminal Code of the Republic of Lithuania, or being ruled by the provisions, fixed in part 2 of the same article, which acknowledge the facilitating circumstances in the definite lawsuit, the court may impose a more mitigated type of the penalty, foreseen in the appropriate sanction of the norm, defined in a special part of the Criminal Code, on the culprit. Moreover, referring to the circumstances, which mitigate the criminal amenability, the court may also impose a more mitigated penalty on the person, who committed the criminal deed, than it is foreseen in such sanction (part 3 of art.54 and parts 1-2 of art.62 of the Criminal Code) and may even release the mentioned person from the criminal amenability (article 39 of the Criminal Code). Thus, these circumstances, as the essential factors, which influence individualization of the culprit’s amenability, permit to impose a more mitigated, but just and pro rata penalty on such a person, and this serves as the principal goal of implementation of justice, as the most important principle of the criminal law. |
