| Abstract [eng] |
SUMMARY The Chapter XXXIII of the Lithuanian criminal code entitled “Crimes and Misdemeanors Against Public Service and Public Interest” deals with the responsibility for the acts, whom promoters - special characteristics of the person subject - are public servants or assimilated individuals. More specifically the abuse of office is one of the offenses listed in the chapter. It is probably the offense that is the most commonly committed by public service and that attracts mainly the public interest. The offense of abuse of office is not homogeneous, but composed of different elements. The present paper analyzes and discusses in detail the composition of the concept of the offense, the origins and its evolution. Underlining the fundamental rule of historical facts, the thesis identifies abuse of office taking into account the peculiarities of legal regulation in its historical context and describes the evolution of regulatory and criminal law. Another aspect of this work is to discuss the subjective and objective sides of the abuse of office. These two parts are crucial to properly assess the nature and the penalty of the offense. The thesis also identifies the key features, according to the classified elements of the crime. The crime consequence and damage are briefly mentioned but the emphasis is made on the issues for the determination of the crime. The final analytical part is a comparative analysis between the criminal code of Republic of Lithuania and the criminal codes of other countries that have ratified the criminal law convention on corruption. This convention has been ratified by the Member States who have agreed to unify: • concepts related to corruption; • measures to combat corruption at the national level; • enforcement of the corruption. So based on these criteria, the comparison is made in the different legal regulations. |
