| Abstract [eng] |
The imposition of punishment is a process when the court selects a specific coercive measure provided by the law for a person, who was pleaded guilty. Because of the purposes of the punishment, the court must impose a fair punishment i.e. individualize it. Also the court must consider the grounds of imposition of punishment defined in the article 54 of the Criminal Code. Circumstances aggravating responsibility and circumstances extenuating responsibility are one of these grounds. The list of circumstances aggravating responsibility is established in the article 60 of the Criminal Code. Circumstances aggravating responsibility are those circumstances that aggrandize the danger of the criminal and his act committed and thus indicate a greater level of criminal responsibility. If the court determines such circumstances, legal status of criminal will be strengthened. The court will impose stricter type of penalty or size of penalty. Moreover, circumstances aggravating responsibility influence the application of the institution of exemption from criminal liability. This master paper clarifies the definition of circumstances aggravating responsibility and discusses the historical development of legal norms of criminal law. Also it explains content of the each one circumstance aggravating responsibility and application of those in practice. Finally, this master paper compares the list of circumstances aggravating responsibility applicable in Lithuania with the list of other countries. It is a good way to consider essence of circumstances aggravating responsibility and their influence on the imposition of punishment. |
