Abstract [eng] |
The relevance of the issue of criminal liability for driving under the influence of alcohol is reflected not only in the high number of cases pending, but also in the still very high risk to human safety. The aim of the master's thesis is to analyse the criminal liability for driving under influence of alcohol in national law, considering the legislation of foreign countries such as Sweden, Germany and the United Kingdom. The first part of this thesis analyses the criminal liability for driving under the influence of alcohol in a general sense, its complexity, and defines the main concepts. The main national and international legal acts regulating this phenomenon are also discussed. This part also analyses the development of criminal liability for driving under influence of alcohol in Lithuania. The second part focuses on the manifestation of driving under influence of alcohol as a criminal offence in national criminal law, analysing the main elements of the offence, the results of criminalisation and the problems of application. The third part of this work focuses on the problems of the application of the non bis in idem principle in cases of driving under influence of alcohol. The analysis of the work shows that the application of Articles 281 and 2811 of the Criminal Code of Republic of Lithuania is very widespread, which often leads to certain difficulties and inconsistencies in the handling of cases before the courts. |