| Abstract [eng] |
This Master's thesis examines the institution of suspension of punishment execution by analysing the provisions of the CC, scientific sources and the most relevant case law. The purpose of this institute is revealed through the case law on the suspension of punishment execution of the sentence. The aim of the work is to provide the circumstances which the court must take into account when suspending the execution of a punishment and to review the possibilities and limits of the application of Article 75(4) of the CC. The work presents the concept of punishment as formulated by different authors, discusses the objectives of punishment, the most important features of punishment, and presents the circumstances which the courts must take into account when imposing sentences, as formulated in the Supreme Court’s of Lithuania practice. The concept of suspension of punishment execution as presented by different authors is analysed. The work discusses the appropriateness of the execution of a custodial sentence, and examines the Supreme Court's of Lithuania case-law, which establishes the circumstances that courts must take into account when deciding on the suspension of punishment execution. It is emphasised that the imposition of a suspension of punishment execution is a prerogative of the court, but in the absence of a suspension of sentence, the courts are required to give reasons for their decision under Article 75(9) of the CC. The main reason for the introduction of partial suspension of sentence in the CC is given, as well as a linguistic interpretation of Article 75(3) CC. It discusses the possibility of suspending the execution of the punishment in full accordance to Article 75(4) of the CC when partial suspension of the punishment is not possible. The work discusses the difference between the conditions for the application of full suspension of punishment execution for adults and minors. It also sets out the circumstances in the case law of the Supreme Court of Lithuania under which courts should not suspend the execution of a sentence unless exceptional circumstances are established. |
