| Abstract [eng] |
This master’s thesis analyses the topic of reformatory measures in the criminal justice system. The analysis draws on the laws of the Republic of Lithuania, academic literature, statistical data, and Lithuanian court practice. Reformatory measures and their importance are examined through an analysis of the characteristics of minors. Minors differ from other subjects of criminal liability in terms of their young age and social maturity, which determines their propensity for delinquent behaviour. Therefore, there is a need to apply criminal liability that corresponds to their age and social maturity, and this need is met precisely through reformatory measures. This study focuses in particular on behavioural restrictions, placement in a special reformatory facility, and unpaid reformatory work. The analysis of these reformatory measures is conducted according to the following principles: analysis of statistical data; analysis of amendments to the Criminal Code; analysis of current legal regulations; analysis of judicial practice. This allows for the identification of the theoretical aspects and practical functioning of each selected reformatory measure. Restriction of conduct is analysed as the most commonly imposed measure, the practical application of which may involve various combinations of prohibitions and/or obligations. Despite the fact that the law provides for a non-exhaustive list of restrictions, courts tend to apply the obligations and prohibitions provided for by law, which demonstrates a rather formulaic approach to different situations. Meanwhile, placement in a special reformatory facility is considered the most severe reformatory measure, resulting in its extremely rare application in practice. This reflects a trend consistent with international standards, whereby priority should be given to outpatient measures over inpatient ones. Unpaid reformatory work is analysed because it is also one of the most popular measures in practice. However, this measure best illustrates the educational concept of reformatory measures. |
