| Abstract [eng] |
This work analyses the discretion of Lithuanian judges in making decisions on violations of probation conditions and seeks to identify possible factors influencing discretionary decision-making from the perspective of criminological theories. Judicial discretion plays an important role in determining what conditions will be imposed on a person and whether they will be sent to prison to serve their sentence. The topic of discretion has been analysed in academic literature in order to determine how decision-makers, especially law enforcement officials, use personal judgment, and how and to what extent judges tend to apply discretionary decisions in cases of probation violations. Studies have been conducted on the application of discretion in criminal justice. Based on empirical research, this paper analyzes judges' experiences in making discretionary decisions related to probation violations. The research methods used include analysis of scientific literature, sources, statistical data, court rulings, and document analysis. The study shows that judges' decisions on probation violations are usually based not only on legislation but also on an individual assessment of the situation. There is a lack of research, and judicial discretion has not been widely studied in Lithuania. It is advisable to look more closely at the experience and perceptions of judges, and this topic should be researched and discussed publicly, delving deeper into the factors that may influence judges' decisions and the problems that arise from them. |
