| Abstract [eng] |
This master's thesis examines the institution of suspension of imprisonment in Lithuanian and Polish criminal law, with a particular focus on partial and full suspension of imprisonment. The main aim of the study is to analyze the application of this institution, related legal measures, and to compare their regulation and effectiveness in both countries. The research also addresses problematic areas in practice and explores potential ways to improve the institution. The first part of the thesis reviews the historical development of the concept of Suspension of the Punishment Execution. The second part analyzes the criteria underpinning the suspension of imprisonment, including the specifics of partial suspension, based on the provisions of Article 75 of the Criminal Code. It also examines the Lithuanian and Polish legal framework, analyses the case law and compares the two countries.. The third part focuses on the application of intensive supervision, penal measures, and other obligations, evaluating their effectiveness and the consequences of non-compliance. The conclusions of the thesis aim to demonstrate that suspensory measures are a modern criminal law instrument that helps to reconcile the objectives of justice, prevention and rehabilitation. While the Polish system is characterized by more detailed legal regulation, the Lithuanian model stands out for its flexibility and ability to adapt to individual cases. Lithuanian criminal law provisions enable courts to impose more effective and tailored measures that better meet the resocialization needs of offenders and safeguard societal interests. This leads to the conclusion that the Lithuanian system is superior in achieving highly individualized justice and humanity in the implementation of the Suspension of the Punishment Execution institution. |
