| Abstract [eng] |
This master's thesis analyses the issues of ideal and real concurrence of criminal offences in Lithuanian criminal law doctrine and court practice. First, the concept of plurality of criminal offences, its place in the criminal law system and the development of its forms are examined. The thesis then provides a detailed analysis of the concepts of ideal and real concurrence, their essential features and the consequences of qualification in the areas of sentencing, exemption from criminal liability, limitation periods and other fields. The problems of distinguishing between ideal and real concurrence are analysed separately, identifying the structural causes of these problems and evaluating possible solutions. The thesis also examines the distinction between concurrence and single criminal offences, namely continuous, lasting and compound offences. The thesis establishes that the concept of ideal concurrence has been significantly expanded in the practice of the Supreme Court of Lithuania to encompass situations where several offences are committed within the time necessary for the realisation of a single intent. The decisive criterion for distinguishing between ideal and real concurrence is the moment of formation of the offender's intent and the existence or absence of a unified plan. Different forms of concurrence lead to fundamentally different legal consequences, as mandatory absorption of sentences applies in the case of ideal concurrence and exemption from criminal liability is possible, whereas in the case of real concurrence sentences are aggregated and exemption is not possible. The problems of distinction arise from the fact that the Criminal Code does not define the concepts of concurrence, the distinction becomes dependent on the assessment of subjective factors, and there is a lack of systematic criteria in both doctrine and practice. |
