| Abstract [eng] |
Criminal Liability for Self-Willed Conduct This master thesis provides analysis of criminal liability for Self-Willed Conduct, examining Article 294 of the Criminal Code of the Republic of Lithuania, other relevant significant legal acts, legal doctrine and Supreme Court of Lithuania interpretations. The object of the master's thesis is the analysis of the characteristics of the crime of Self-Willed Conduct and criminality. The concept of self-willed conduct is described in this thesis. The concept of self-willed conduct was analysed in two aspects - linguistically and legally. Linguistic self-willed conduct means the behaviour of a person not in accordance with the established legal norms, and legally - in violation of the procedure established by law. Mentioning the importance of the Constitution of the Republic of Lithuania and the legal matters arising from it. In addition, this thesis raises the question of the expediency of criminalizing the crime of self-government. The objective and subjective features of the crime of self-willed conduct are discussed, noting the features and consequences of the objective side separately. The necessary consequences of the crime of self-willed conduct are major damage to the rights and legitimate interests of the individual. Moreover, in this thesis the subject of a crime of self-willed conduct is discussed, noting that the legislator should consider the possibility of considering a legal person as a subject of a crime of self-willed conduct. Notably, Article 294 of the Criminal Code of the Republic of Lithuania is constructed from the main and qualified composition, the features of the qualified composition - mental and physical coercion - are discussed in more detail. The last part of this thesis describes the sanctions enshrined in Article 294 of the Criminal Code of the Republic of Lithuania - fine, arrest, fixed-term imprisonment, discussing each of them, assessing the rationality of punishments. |
