| Abstract [eng] |
Of all the smuggling offences in Lithuania in the last 5 years, the largest number of pre-trial investigations have been opened for the smuggling of narcotic or psychotropic substances. Most of the smuggling of these substances was carried out by sending them (in small quantities) for personal use. However, the long-established Criminal Code of the Republic of Lithuania did not differentiate penalties according to the quantity of narcotic or psychotropic substances smuggled. It is only with the amendments adopted on 1 June 2023 that the criminal liability for smuggling small quantities of these substances has been relaxed. However, the recent changes in the legal framework are also viewed by the public in a mixed light and therefore require further analysis. The aim of this paper is to analyze the theoretical and practical peculiarities of criminal liability for smuggling narcotic or psychotropic substances. The Master's thesis is original because of its systematic approach to criminal liability for smuggling narcotic or psychotropic substances. It is also original in that a comparison of the criminal liability of Lithuania and Latvia and Estonia for the smuggling of narcotic or psychotropic substances has been made. The study revealed that the type of object of smuggling of narcotic drugs or psychotropic substances in Lithuania is the order of disposal of these substances and the direct object is public security. The notion of transport of narcotic drugs or psychotropic substances, as set out in Article 260-1 of the CC, also covers the dispatch of these substances. Different lists of narcotic drugs or psychotropic substances are established in Lithuania, Latvia and Estonia. This could lead to a situation where the transport of the same narcotic drug or psychotropic substance is considered smuggling in one country and not in another. In Latvia and Estonia, the age of criminal responsibility for smuggling narcotic drugs or psychotropic substances is 14 years, i.e. 2 years younger than in Lithuania. Although, according to the current Lithuanian legal regulation, the offence under analysis is only intentional, it is possible that the offence may be committed also due to negligence. In Lithuania, linking criminal liability to the net quantity of the mixture, product, etc. of narcotic drugs or psychotropic substances transported is not effective in all cases. In Lithuania, Latvia and Estonia, different quantities of the same narcotic drug or psychotropic substance are sometimes considered to be small and large. This can lead to a situation where smuggling the same amount of the same substance in one country is punished more severely than in another. Because of the greater risk to society, Estonia and Latvia, unlike Lithuania, provide for the offence to be committed in a group of accomplices as a qualifying element for smuggling narcotic drugs or psychotropic substances. In Lithuania, compared to Latvia and Estonia, the severity of the sentences imposed for smuggling of narcotic drugs and psychotropic substances is medium. In the light of the results of the study, 5 proposals are put forward to the legislator in order to improve the criminal liability for smuggling of narcotic drugs or psychotropic substances in Lithuania. It is recommended that Article 13 (2) of the Criminal Code of the Republic of Lithuania be supplemented and that 260-1 amendments and additions be made. |
