| Abstract [eng] |
The theme of this Master thesis is Crimes against freedom of one’s sexual self-determination and inviolability (‘sex crimes’ hereafter). The concept of sex crimes and the evolution of responsibility for these crimes are presented in this work, including: the notion of sex crimes and the legal regulation of these crimes in independent Lithuania of the interwar period (1918 - 1940) and during Soviet occupation. The regulation of sex crimes in the 1961 criminal code (‘CC‘ hereafter) is discussed, the system of these crimes is distinguished, separate sex crimes are analyzed, gaps of legal regulation of these crimes are distinguished, as well as the way in which these gaps have been fixed in the CC of 2000. Also, the legal regulation of sex crimes in Lithuania and in some foreign countries is compared. This Master thesis also differentiates between the specific features of sex crimes, provided in Lithuanian CC. This is done by taking into account the elements of criminal activity (the work is based on the quaternary structure of the elements of criminal activity). The difference is made between the following specific elements of sex crimes: object, objective side, subject and subjective side. Analysis of the composition of three types of sex crimes provided in Lithuanian CC is presented in this work (rape (Article 149), sexual abuse (Article 150) and sexual coercion (Article 151)). The composition of these types of crime is analyzed taking into account the above-mentioned elements of crime. Legal regulation of these crimes is presented, judicial practice is analyzed and problems that arise in the judicial practice are distinguished. Also, relevant examples of judicial practice are presented, the question of separation of sex crimes is analyzed and legal regulation of sex crimes in Lithuania and some other countries is compared. |
