| Abstract [eng] |
The criminal responsibility for contraband is described in article no.199 of Criminal Code. Contraband is illegal shipping, through border of republic of Lithuania, of goods, worth and other indispensable stuff, which must be presented to customs. The crime of contraband, which is covered in the first part of article no.199 of Criminal Code, pass when value, of illegal stuff shipping, through border of republic of Lithuania, exceed the sum of 250 minimal living standards, the less value of illegal stuff shipping carries administrative amenability according to article no.200 of ATPK. Contraband, depending on particularity of contraband subject - matter, is divided into ordinary (Criminal code, 1st part of article no.199) and into qualified (Criminal code, 2nd part of article no.199). Notes, which indicate contraband, are illegal shipping, through border of republic of Lithuania, of guns, ammunitions, explosives high explosive, radioactive substances, narcotic or psychotropic substances (precursor), which were not presented to customs control or it was otherwise avoided, or there are no permission to ship them. The value, of the things, which are indicated in the 2nd part of article no.199 of Criminal code, is undetermined and has no influence. The illegal shipment of this stuff carries penal amenability, independently of shipped quantity. In the law acts of republic of Lithuania is determined and administrative amenability for commitment of the contraband. In the article no.210 of ATPK is consolidated structure of contraband qua contravention of the administrative law. Criminal and administrative amenability for the contraband are separated according to singularity and material value of the penalty activity. And in the law of penalty of republic of Lithuania and of other foreign countries, the crimes of contraband and contraventions are described as illegal shipment of goods or other stuff through state’s border. However, the act of contraband and amenability for it are not provided in the criminal law of most countries directly. Punishability of acts and means of amenability are ordained in the special acts of law, and adequate norms, in which there is determined amenability, are being applied to offender. In the performance there are described laws processes, which regulate penal amenability for the contraband. There are analyzed structures of contraband elements, object and article, objective features, subject and subjective features, which are necessary, that the act could be established qua criminal and guilty person could be prosecuted. Also there are described qualified features of the contraband. There is described structure of contraband qua violation of administrative law, discussed separation criteria of contraband from contraband qua administrative offences. There are also shortly discussed peculiarities of contraband punishability in the laws of other countries. |
