| Abstract [eng] |
The principle of ultima ratio is one of the fundamental principles that helps ensure individual rights and freedoms and contributes to the development and promotion of the rule of law. This academic paper analyzes the significance of the principle of ultima ratio and the circumstances surrounding its emergence. It examines the most important aspects of the application of the principle of ultima ratio. It also develops the idea of criminal law as a last resort, examining the processes of criminalization and decriminalization in this context. This academic paper examines the specific features of the application of the ultima ratio principle in the Federal Republic of Germany, the Republic of Poland, the Republic of Italy, and the Republic of Korea. The analysis and comparison are conducted in light of the prevailing trend regarding the ultima ratio principle in the Republic of Lithuania. This academic paper analyzes and compares the significance of the types of liability applied in different branches of law. In this regard, it examines their interrelationship, taking into account the harm and consequences caused by unlawful conduct. In this regard, criteria are examined and established to help select a proportionate and effective type of liability. Examples from foreign countries are also examined, where supplementary codes have been enacted that reduce the burden on criminal law and further reinforce and justify the importance of the ultima ratio principle. The analysis conducted leads to the conclusion that the Criminal Code of the Republic of Lithuania is overloaded with criminal offenses which, given their danger and nature, should not be considered criminal, as they do not result in consequences that would warrant the application of criminal liability alone, as measures applied under other legal instruments would be too lenient and ineffective. |
