| Abstract [eng] |
This master’s thesis analyses the concept of requalification of criminal acts. The thesis begins by examining the concepts of classification and requalification of criminal acts in order to explore these processes from a theoretical perspective. To this end, the procedural significance of these actions for criminal proceedings is also examined. Next, the specific features of the procedure for requalifying criminal acts under Lithuanian law are examined, along with the evolution of the regulation of this procedure, based on which conclusions are drawn regarding legislative changes and the reasons for these changes. Based on the current statutory framework and relevant judicial practice in Lithuania, conclusions are drawn regarding the shortcomings of the current legislation. Taking these shortcomings into account, proposals are presented aimed at eliminating them and establishing a statutory framework that best complies with the provisions of the Constitution of the Republic of Lithuania and the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the right to a fair trial. The final section of the thesis examines the regulatory practices of common law countries regarding the reclassification of criminal offenses, with the aim of identifying additional options for legal regulation, the analysis of which contributes to a more comprehensive understanding of the topic. An analysis of legal regulation in common law countries allows the thesis to draw conclusions regarding the differences in the regulation of the requalification of criminal acts in countries of this legal tradition, as well as the reasons for such differences. To thoroughly explore the topic, this master’s thesis draws upon regulations in Lithuania and other countries, legal doctrine, as well as case law, including the jurisprudence of the Constitutional Court of the Republic of Lithuania and the European Court of Human Rights. |
