| Abstract [eng] |
The Master's thesis analyses the subject of the statute of limitations of criminal liability in criminal justice. This topic is analysed by means of normative legal acts, travaux préparatoires, special literature and case law. The most extensive analysis of the written work is carried out by exposing the problematic aspects of the institution of the limitation of criminal liability, which have been brought to light by the different positions of the competent authors and the case-law. The work analyses the concept, types and legal significance of the statute of limitations on criminal liability and the historical evolution of this institution. It also examines the criteria for the application of the statute of limitations for the passing of a conviction and the execution of a conviction, and explicitly analyses the criteria for the calculation of the statute of limitations, the suspension, the renewal and the interruption of the running of the period. The work takes a position on the condition of interruption of the statute of limitations for conviction, whereby the statute of limitations is interrupted by the commission of a new intentional crime or misdemeanour, and proposes that the criminal law be amended to waive the commission of a misdemeanour. The work presents a recent assessment of the draft law amending Article 95 of the Criminal Code of the Republic of Lithuania of 2023, which the author views critically. After a detailed examination of the case law and legal acts of the Constitutional Court of the Republic of Lithuania, the Supreme Court of Lithuania and the legal acts of the Republic of Lithuania, it analyses the termination of criminal proceedings and the issue of (non-)satisfaction of a civil claim in the event of the termination of a criminal case upon the expiry of the statute of limitations for the adoption of a conviction. After analysing these aspects, the author's position in the context of the problematic aspects is presented, as well as possible amendments to the Criminal Law. |
