| Abstract [eng] |
Torture and degrading treatment are prohibited forms of treatment provided for in the ECHR. Torture is distinguished from degrading treatment not only by more intense suffering, but also by the main evaluative criteria: intentionality, intensity of pain, purpose, status. The criteria of degrading behavior are physical and/or mental pain, the victim’s subjective perception, the environment and/or condition are violated. In the context of the murder and impairment of health, the Lithuania BK provides for a qualifying characteristic ”by torture or other extreme cruelty”. In Lithuania practice, these signs are most often distinguished, identifying only one of them. If they are qualified together, then the exclusion of these terms is still observed, so these are alternative signs. However, they should not be pitted against each other, because “otherwise extremely cruelly” gives the court wider opportunities to recognize certain acts as extremely painful if they are not comparable to torture, but cannot, by reason of their gravity, be regarded as a simple composition of the crime. If the legislature seeks to emphasize these attributes as identical, it is proposed to change the conjunction “or” to “and” in the wording of the CC, thus avoiding ambiguity in the interpretation. The analysis show that the qualifying characteristic of the Lithuanian CC by “torture” has a connection with the ECHR definition of “torture”, and “other extremely cruel treatment” – “degrading treatment”. The BK of foreign states variously regulates murder or bodily harm committed by torture or extreme cruelty. In some places, these signs are also reflected in the acts of murder and bodily harm, in others only for murder. Not all countries (Germany, Męxico) distinguish this attribute as qualifying, and the regulation of Ukraine and Russia is almost identical to Lithuania. In all states, “torture” and “extremely cruel treatment” are combined into a single term (“extreme cruelty”) in order to avoid legal uncertainty as to whether they are identical or separate attributes. In Lithuania, there is also a proposal to apply such a practice. |
