| Abstract [eng] |
The Master's thesis analyses the institute of recidivism established in Article 27 of the Criminal Code of the Republic of Lithuania. Although the law does not explain what exactly is meant by the term "recidivism", an analysis of the criminal law shows that recidivism is the commission of a new intentional crime (one or more) by a person who has an unexpired or unreversed conviction for a deliberate offence committed when he/she was of legal age. The wording of Article 27 of the Criminal Code of the Republic of Lithuania, in force until 1 February 2025, regulated the automatic status of a person as a recidivist in the above circumstances, irrespective of the nature of the offences committed and the interconnectedness of the offences. The new legal regulation obliges the court to decide on the recognition of a person as a recidivist, considering the relationship between the offences, their gravity, nature, the personality of the perpetrator and other circumstances of the case. The essence of these amendments is that the previous regulation of the institution of recidivism and the recognition of a person as a recidivist was too broad. Although the criminal legislation of the Republic of Lithuania does not clearly and unambiguously specify the types of recidivism, an analysis of the provisions of Article 27 of the Criminal Code of the Republic of Lithuania establishing the conditions for recognising a person as a recidivist and as a dangerous recidivist leads to the conclusion that recidivism in criminal law is divided into simple recidivism and dangerous recidivism. Criminal law doctrine distinguishes four types of recidivism: legal recidivism, actual recidivism, special recidivism and penal recidivism. This distinction is an important criterion for deciding whether a person is criminally responsible and the individualisation of penalties. The Master's thesis analyses how the Baltic States regulate the institution of recidivism. The Latvian Criminal Code does not distinguish any types of recidivism and also provides that not only intentional crimes but also intentional criminal offences may be part of recidivism. The general part of the Estonian Penal Code does not regulate the concept of recidivism at all, but it is considered as a qualifying feature of certain acts leading to more severe penalties. |
