| Abstract [eng] |
SUMMARY Extortion of Property and Self-Governing: Similarities and Differrences in Crime Composition Extortion of property and self-governing are dangerous criminal activities punishable by law in accordance with the Criminal Code of the Republic of Lithuania. Extortion of property encroaches upon the most important underpinnings of democratic society: property, property rights and property interests. Self-governing undermines the rule of law, i.e. county‘s ability to implement its persons’ rights and obligations through laws and other legal regulations. This thesis employs current laws, published scholarly works, actual criminal cases and statistical results of an author’s study to address the tasks outlined its introduction: it analyzes definitions and features of property extortion and self-governing, describes similarities and differences between them, and addresses difficulties in attributing a crime to particular category. The first part of the thesis analyzes the definitions of property extortion and self-governing with attention to the evolution of those definitions over time alongside changes in law and compares them to Criminal Codes of other countries. The second part of the thesis provides a comprehensive review of property extortion and self-governing crime compositions and exposes their similarities and differences, which either appeared new or were altered by the introduction of the new Criminal Code. Based on actual court cases, it addresses tendencies to re-classify those crimes and provides author’s assessment of such practice. It accents Lithuanian Supreme Court senate clarifications which help to form and unify court practices regarding both of the crimes. The thesis strictly adheres to its primary goal of revealing essential similarities and differences between the two crimes, while emphasizing their relationship with other criminal activities defined by Criminal Code. It presents statistical data about property extortion and self-governing dynamics in Lithuania and data about re-classification of property extortion as self-governing in a Panevėžys region. The third part of the Master’s thesis analyzes and compares the defining features of property extortion and self-governing. These features, specific to each crime category, make such activity dangerous and influence the gravity of the crime. In accordance with law changes, a new composition of the crime of self-governing and the role of an organized crime group as a defining feature of property extortion are emphasized. |
