| Abstract [eng] |
The concept of a privileged murder is analyzed in the Master‘s thesis in order to answer the question why the legislator assumes the infanticide to be a privileged component of a criminal offence. In the thesis, the concept of infanticide is disclosed presenting the issues of the beginning of life, determination of death and the beginning of protection of a legal life. While analyzing the historical development of a child and the infanticide the first attempts of different states to determine the infanticide as a privileged component of a criminal offence, reasons for such modifications of regulations and the most important historical sources of both Lithuania and other states are distinguished. The features that are included into the constitution of the infanticide are analyzed with reference to nomination of different problematic theoretic and practical aspects and their comparison with the legislative regulation in other states. The research of objective features includes the issue of a concept newborn in the context of a medical science as well as analysis of time as the optional feature of the infanticide according to the current legal regulation. While analyzing the subjective features of the offence the most attention in the whole Master‘s thesis is paid to the feature privileging the infanticide – the condition determined by a birth which causes diminished accountability of the culprit. Besides, the problems of the separation of the infanticide from other criminal offences are discussed and possible ways of solution of qualification of these criminal offences are analyzed in the thesis. |
