| Abstract [eng] |
This paper analyses relation between the concepts of organized group and criminal association in the criminal law. The objective of the paper is to analyse what connects and what differs these forms of complicity, to set basic grounds of delimitation and to provide suggestions regarding their forms of expression. Paper presents international and EU criminal law measures for the confrontation of the organized criminal activity. Main principle of this paper is composed of the comparative analysis of organized group and criminal association on various aspects. These forms of complicity are analysed on the historical basis, in order to establish, what features according to the new criminal code are considered to be compulsory to these complicity forms, also in the context of comparative criminal law. Paper also analyzes and compares legal assessment of the organized group and criminal association, in accordance with the essential features – identifies similarities and differences of the complicity forms. Similarities of the organized group and criminal association concepts are analysed on the aspects of establishment time, membership requirements, agreement to act together and intentions to belong to a criminal group, roles and tasks assignation. Differences are analyzed in accordance with the establishment time, number of members, attitude regarding co-operation matters, objectives, internal communication and connection stability, roles and tasks assignation. Features are compared with each other, also with term features of the international and EU legal acts. Organized group and criminal association relation is described as a part and a whole. In the end of the paper the perspectives of the forms of complicity expression in the criminal law of Lithuania are presented. Conclusions and proposals for a more accurate concept application in practice are presented, also ensuring system of complicity forms stability in a dynamic and constantly changing environment. |
