| Abstract [eng] |
A criminal record is an important legal fact that has a direct impact on a person's legal consequences. It arises, continues and ends in accordance with the provisions of the Criminal Code. It is important to distinguish between the concepts of "having a criminal record" and "having been convicted", as the former may disappear, while the latter remains with the convicted person for the rest of his or her life. Although the Criminal Code provides that a person is presumed to be free of conviction once a conviction has been expunged, there are still problems in case law, whereby courts may take into account expunged convictions when deciding on pre-trial detention measures or exemption from criminal liability. Moreover, while the recidivism concept was automatic until 2025, the new version of the Criminal Code has left this issue to the discretion of the court, which may lead to uneven practice. Criminal convictions also have an impact on the possibilities of exemption from criminal liability: a person with a criminal record is restricted by certain provisions of the Criminal Code and minors with a criminal record cannot be exempted under Article 93 of the Criminal Code, which may contradict the general conditions for exemption. Moreover, the general consequences of a criminal record are usually linked to the criterion of good repute, which can lead to restrictions on rights and freedoms. Despite the case law of the Constitutional Court and the European Court of Human Rights, Lithuanian law still contains indefinite bans on certain activities or work, which may be considered disproportionate and restrictive of a person's ability to reintegrate into society. |
