| Abstract [eng] |
Discharge of professional duty as circumstance eliminating criminal liability The master 's thesis analyzes the performance of professional duty as a circumstance eliminating criminal liability, examining both significant legal acts, scholars' insights in doctrine and interpretations provided in case law. The topic is revealed by analyzing the basic provisions of the circumstances eliminating criminal liability and their types in Lithuania, regularly moving to the main object of work - performance of professional duty. This work reveals the concept and features of professional duty. Essential attention is paid in the work to the conditions of performance of professional duty arising from the provisions of Article 30 of the Criminal Code, which determine the legality of the act committed under these conditions - the existence of a duty established by law and not exceeding the powers of laws and other legal acts. Aspects of non-abuse of power are assessed in the light of the lawfulness of coercive actions by officials, which is often analyzed in case-law, and in the light of the statutory discretion to use force. The exercise of professional duties violates the rights of the individual, which are guaranteed both at the national and international level, therefore the provisions of the principle of international proportionality must be assessed when assessing the actions of persons performing professional duties. The thesis discusses the problem aspect of damage limits and its ambiguous assessment in doctrine and case law. This work also systematically discusses the relationship between the performance of a professional duty and the necessity, the necessary defense, the detention of a person who has committed a criminal offense. The work assesses the justification of the current legal regulation in the criminal law without defining the amount and nature of damage in the performance of professional duties. |
