| Abstract [eng] |
This master thesis analyses intentional guilt in the case law. This topic is mainly examined through the prism of various criminal offenses, as well as by analysing separate recent rulings of the Supreme Court of Lithuania which establish the guilt of the perpetrator in the context of different criminal offenses envisaged in the articles of the Criminal code. The master thesis examines the significance of the institute of guilt and the features that the courts must establish in order to state that the person acted intentionally. Also, it is analyzed how the formulations regulating the institute of guilt established by the legislator are interpreted in case law. The first part of the master thesis analyzes the historical developments of intentional guilt, its significance, compares the extent to which the institute of guilt is enshrined in the criminal law and its doctrine of foreign states. Analyzing this, it was noticed, among other thing, that the Criminal code of Lithuania, in comparison with the legal regulation of other states, regulates the institution of guilt more extensively. The second part of the master thesis deals with the types of intentional guilt that are envisaged in the legislature. The differences between the types of intentional guilt are examined, also what is taken into consideration, what circumstances and criteria must be met and assessed in order to establish that a person has acted in a specific form of guilt. The third part of the master thesis deals with the types of intentional guilt, which are not established by the legislator, but are established in case law. There it is analyzed what types of guilt do courts distinguish and how they are defined, when they can be established and, also, their significance. It follows that types of fault not enshrined in the Criminal code concretize an intentional form of guilt. |
