| Abstract [eng] |
This master’s thesis analyses the problems associated with the application and enforcement of the punishment of arrest in the Lithuanian criminal justice system, examining legislation, criminal law doctrine, judicial practice.. This topic is best explored by simultaneously analysing the legal regulation of the punishment of arrest and the practical application and enforcement of this punishment. In examining this topic, the place and evolution of the sentence of arrest within the Lithuanian criminal justice system are analysed, with the aim of demonstrating how this punishment has changed and adapted over time. The thesis examines the problems associated with the application of the arrest punishment, and the shortcomings of this punishment are revealed through the application of legal, criminological, sociological, and scientific knowledge. By clearly distinguishing the application of the arrest punishment to a specific category of individuals – minors and young adults – the aim is to analyse as comprehensively as possible why the punishment of arrest is particularly harmful to this category of individuals and what negative consequences the application of this punishment may cause. The analysis of this work leads to the conclusion that the punishment of arrest established in the Lithuanian criminal justice system is largely ineffective, and the attempt to influence the convicted person through so-called “shock therapy” is regulated and implemented improperly. An analysis of the enforcement of the arrest punishment reveals that the punishment in question does not fully align with its intended purpose and poses a threat to the protection of human rights and the proper rehabilitation of the convicted person in the context of its enforcement. The case law of the European Court of Human Rights and the findings of international organizations make it possible to analyse the main shortcomings associated with the enforcement of this punishment in penal institutions. The thesis emphasises that attention and resources should be directed not toward removing this punishment from the current list of punishments, currently established in Lithuania’s criminal justice system, but toward improving and streamlining its application and enforcement. |
