| Abstract [eng] |
Penal Measures: Concept and Problems of Application The master's thesis analyzes the punitive measures, their concept and problems of infliction. 2003 After the entry into force of the Criminal Code of the Republic of Lithuania, the institute of additional punishments was abandoned misdemeanors were established as criminal offenses. As a result, the legislature had to provide certain measures, as a reaction of the state, to misdemeanors committed by a person. Chapter IX of the Code establishes the institute of punitive measures, which in the initial stage of the Code consisted of 5 sanctions. The system of punitive measures currently consists of 11 measures. Given that this list is constantly changing and is being supplemented, it is considered that this topic is relevant in our society. Therefore, examining the case law and based on the work of scholars, the master's thesis reveals the concept of punitive measures and the problems of use in court practice. The first part of the work deals with the concept and purpose of punitive measures. The concept of these measures is best illustrated by the work of legal scholars on the very concept of criminal sanctions and their historical origins. In presenting the concept of punitive measures, attention has been drawn to the fact that there is a debate in the legal literature whether punitive measures can be considered as a form of realization of criminal liability. Among other things, the objectives of these sanctions were highlighted and the relationship with penalties was revealed. The second part of the master 's thesis presents an exemplary division of punitive measures into certain groups, according to the nature of these sanctions and the limited rights provided by the authors of the commentary on the Criminal Code. Next, the individual punitive measures provided for in the Code are analyzed, their content, the nature of the restriction of rights, and the latest statistics on their imposition in courts are provided. Punitive measures that are similar to the penalties provided in the Code are also analyzed and compared. A detailed analysis of the case law of the Supreme Court of Lithuania and other courts reveals the problems of imposing punitive measures in practice. |
