| Abstract [eng] |
Evaluative features of corpus delicti is examined conceptually in the dissertation. The study includes their general conception, particularities of lawmaking, regulation and application in criminal justice. The first part of the dissertation researches the origin, development, linguistic, axiological and legal nature of evaluative features; the main reasons of using them in criminal legislation; their compatibility with the principle nullum crimen sine lege; as well as identifies and evaluates the essential characteristics of such type of features. With reference to identified characteristics, the definition of evaluative feature of corpus delicti is formulated. In the second part of the dissertation the expression, spread and dynamics of evaluative features of corpus delicti in the normative sources of Criminal Law are analyzed. The objective of the third part is to examine the content and its criteria of particular evaluative features of corpus delicti, on the basis of Lithuanian case law. The fourth part of the dissertation is devoted to the prospective analysis of the usage of evaluative features of corpus delicti in Lithuanian Criminal Law. The essential conclusion is made, that evaluative features of corpus delicti are not avoidable in the modern Criminal Law and do not oppose to the principle of nullum crimen sine lege. However, in the compositions of the criminal acts they should be used only in cases, when formalization of the feature is technically impossible and (or) irrational. |
