| Abstract [eng] |
Criminal law recognises that every person is responsible for the particular culpably committed criminal offence the features of which are described in the Penal law. The features of criminal offence are the whole of objective and subjective features that are necessary so that a particular offence could be recognised as a crime or misdemeanours. Among crimes and misdemeanours for the state civil service and public interests the Penal code of the Republic of Lithuania allows for subornation. Every criminal offence for the state civil service and public interests including subornation inevitably breaks the normal activity of a state or municipal institution, agency, belittles its standing. Crimes of subornation cannot be suffered as they are a species of corruption that encourage fraudulent behaviour of civil servants. It is acknowledged that means of penal law are necessary in the field of prevention of corruption phenomenon. European legal acts, designed to fight corruption, oblige states to criminalise offences in the national law which according to the European law are recognised to be active or passive corruption. A state has a discretion to establish grounds at the presence of which a person is excused from penal responsibility for committing such offences. Subornation is understood as directly or indirectly given proposal, promise to give a bribe or giving of bribe to a civil servant or a person equated to him/her for a desirable legal acting or failure to act when executing his/her delegations or giving of a bribe via a mediator seeking for the same results. The direct object of such criminal offence is a normal, effective, authoritative activity of separate state institutions and agencies. In order to apply penal responsibility for subornation it is necessary to know precisely what features are necessary so that a specific offence is recognised as criminal. Features of criminal offence that describe its external (objective features) and internal (subjective features) side make a unanimous whole. In practice these features cannot be explained separately from each other. Only the theoretical explanation of these features enables to divide them into separate systems and analyse them separately. It is acknowledged that qualification of offence of the culprit is determined by the establishment of the features of the subjective side. Court accusatory judgement is fair when it proves the guilt of an actually existing person who has committed criminal offence. |
