| Abstract [eng] |
In this master's thesis recidivism and its impact on sentencing theme is analysed, by researching meaningful legal acts and specialised literature, which recidivism and its legal importance regulation, practical application, and problematic aspects. This theme mostly reveals through recidivism legal regulation, and features, institutes of exemption from criminal liability, imposition of punishment, exemption from execution of punishment and exemption from punishment. While researching this topic recidivism conception, its types and features are defined, legal regulation is reviewed, together with specific rules, related to emerging responsibility for recidivists and dangerous recidivists, and problematic aspects are defined. In this work legal acts, that defines and regulates recidivism as a phenomenon affecting criminal responsibility and the peculiarities of its legal responsibility, are analysed. Furthermore, articles and documents that provides overview of recidivism, it’s application and problems are examined. In this work theme it is attempted to deeply analyse recidivism as an institute of criminal law, its features, criminality, and dangerousness. This analysis allows to provide conclusions, that Lithuanian laws in the case of recidivism and dangerous recidivism provide many provisions that allow the Court to aggravate the legal consequences for the persons who committed the crime. However, the legal formalization provides space for an individual assessment of the situation, and the legal meaning of recidivism and dangerous recidivism, depending on the circumstances and assessment determined by the court, can be very diverse. |
