| Abstract [eng] |
Every employee must have healthy and safe working conditions, and violation of these requirements must have severe consequences. One of these is criminal liability. The master's thesis analyses the criminal liability for breaches of occupational safety and health. The thesis, based on the theory of criminal law and case law, discusses the difficulties faced by the courts in determining the objective and subjective elements of the offence under Article 176 of the Criminal Code. The analysis of the case-law shows that the determination of the objective and subjective elements of this offence is problematic and that the disputes that have arisen are not resolved correctly, not only by the courts of first instance but also by the courts of appeal. The main problems for the courts are the details of the acts which infringed the legislation on health and safety at work, which of these acts were directly linked to the serious consequences which resulted, and which consequences are covered by the concept of serious consequences. Equally problematic is the identification of the proper subject of the offence since the employer's liability is not absolute if it has duly delegated its functions in this area to another authorised person. The courts do not always give a proper account of fault either, limiting themselves to the phrase that the offence is committed through negligence. The master's thesis also analyses the relationship between Article 176 and Article 132(3) of the Criminal Code of the Republic of Lithuania and concludes that a proper distinction between these norms can only be made by assessing the relationship between the parties, whether the employee acted arbitrarily or at the direction of the employer, and which of the actions were directly related to the ensuing consequences. |
