| Abstract [eng] |
The master’s thesis analyses the qualification of criminal offences committed by an organized group in case law. This topic is analyzed by means of legal normative acts, special literature, and case law. It is pointed out that the institute of an organized group and the problematic aspects arising in case law are presented through an analysis of the case law, with particular emphasis on the explanations of the Supreme Court of Lithuania. This master thesis analyses the concept of an organized group by presenting the definitions of an organized group as developed by different authors and internationally established. It also presents not only the features of this form of complicity as provided for in the criminal law, but also the features of an organized group as developed in case law. Of particular importance is the rule of qualification of offences committed by an organized group, which has been developed by case-law, according to which all accomplices acting in an organized group are treated as perpetrators of a crime. It also provides a list of the characteristics of members of an organized group as clarified by case law. It should be noted that in case law there are problems in distinguishing an organized group from other forms of complicity, in particular from a criminal association. In this context, the distinction between an organized group and not only a group of accomplices and a criminal association, but also a terrorist group, which is currently relevant. Furthermore, the analysis of foreign countries in the context of this institute in this master thesis allows for a comparison of the regulation of this institute in Lithuania and other countries. |
