| Abstract [eng] |
This master thesis provides analysis of criminal penalty – the strictest measure of state coercive measures – place from 2016 to 2020 in Lithuania. This topic is best revealed through the comparison between criminal penalty and the other forms of the criminal liability. Even though criminal penalty is the main form of realising criminal liability in Lithuania, the number of criminal penalties is growing smaller and smaller every year. The reason for that is because the number of allocated penal measures in Lithuania is growing exponentially. This means that the criminal policy in Lithuania is alleviating its position regarding the questions of criminal penalty. Examining this particular topic in the master’s thesis, application of cases of the criminal penalty and cases of the penal measures are revealed. Analysing the pros and cons of both topics, this thesis aims to highlight the advantage penal measures have over criminal penalties. By using sources of criminal law doctrine and detailed analysis of the case law of the Supreme Court of Lithuania, this master thesis analyses the definition and purpose of the criminal penalty and the system of criminal penalties in Lithuania, additionally providing insight into the institute of penal measures, embedded in Lithuanian Criminal Code. The main topic of the master thesis clearly distinguishes criminal penalty as the strictest measure. On top of that, this work aims to show the system of state coercive measures and the most common elements of it. The analysis of this system and the jurisprudence of The Constitutional Court of the Republic of Lithuania allows to draw certain conclusions, the main one being a statement that coercive measures is not the only efficient criminal penalty and that there are many more coercive measures that are less strict than criminal penalty, but are themselves not restricted to criminal law only, which is also a meaningful way to impact law offenders and figure out law violations using other branches of the law while still serving the principles of criminal law. |
