| Abstract [eng] |
This master thesis provides analysis of previous conviction, using the doctrine of criminal law, legal acts, analysis of judicial practice helps to identify and isolate positions of scientists, court interpretations and conclusions on issues related to previous conviction, identify the problem. Detailed analysis of legislation allows us to reveal the significance of this institute not only in the context of criminal law, but also in other branches of law. The established practice of the Lithuanian Supreme Court distinguishes the problem of the evaluation of the disappeared conviction in court cases as negating the criminal legal meaning of the conviction. The analysis of the practice of the Constitutional Court of the Republic of Lithuania and the European court of human rights reveals the problem of the content of impeccable reputation enshrined in various legal acts of the Republic of Lithuania. In order to reveal the peculiarities and problems of the institute of previous conviction in the legal system of the Republic of Lithuania, the following main questions are discussed in the work: the first part of the master's thesis aims to reveal the concept of previous conviction, to determine the main features of this institute and to compare the 1961 and in 2000 the regulation of the institution of previous conviction established by Criminal Code of the Republic of Lithuania. The second part is intended to determine the significance of the previous conviction in the context of criminal legal relations and other legal relations. The terms of validity of the previous conviction are also discussed, and the analysis of the decisions of the district courts allowed us to reveal what circumstances the court usually assesses when deciding on the cancellation of the previous conviction or the shortening of the previous conviction period. The third part of this work is devoted to the regulation of previous convictions established in European union and international law. The analysis of the criminal laws of the European union member states helps to determine the different regulation of the criminal justice institute and compare it with the regulation in the legal system of the Republic of Lithuania. |
