Abstract [eng] |
An analysis of the damage caused during sports competitions as a circumstance eliminating criminal responsibility is presented in the master thesis. This was done by examining the legal doctrine on the issue, evaluating the criminal law and the regulation of sports relations, analysing the limited case law on criminal damage caused during sports competitions. The core issues of the topic are revealed by the assessment of the gravity of an act as a necessary condition for the application of criminal responsibility and the application of the principle of ultima ratio in sports relations. Sport is a socially beneficial activity, and the participants lack legal certainty as to the legal responsibility for their actions. The aim of the work is to answer the question whether it is necessary to fill the Criminal Code of the Republic of Lithuania with a circumstance eliminating criminal responsibility (damage caused during sports competitions). To achieve this, an analysis of the system of circumstance eliminating criminal responsibility, the legal assessment of the damage caused during sports competitions and the conditions for the legality of its recognition as a separate circumstance eliminating criminal responsibility is performed. A proposal to supplement the criminal law system is made in the absence of a circumstance eliminating criminal responsibility in Lithuanian law which could be universally applied to sports participants who have caused criminal consequences during a competition. After revealing the concept of circumstances eliminating criminal responsibility, analysing their system, and assessing the particularity of sports relations and sports competitions, conclusions are made regarding the conditions for recognizing damage caused during sports competitions as a circumstance eliminating criminal responsibility in the Lithuanian legal system and its limits. |