| Abstract [eng] |
This master’s thesis examines the system of exemption from criminal liability by analysing relevant legislation, scholarly conclusions in legal doctrine, and interpretations established in judicial practice. This topic is explored by analysing the functions of specific grounds for exemption from criminal liability within the Lithuanian legal system. In order to identify the true objectives of these types of exemption from criminal liability, the conceptual issues surrounding this legal institution are also analysed. Furthermore, to highlight the distinctiveness of the system of exemption from criminal liability, Lithuanian regulations are compared with the criminal law systems of Germany and Poland. In examining this master’s thesis topic, the true functions of the grounds for exemption from criminal liability are revealed, which is rarely discussed in legal doctrine or judicial practice. This paper analyses the elements of criminal liability and how these elements manifest themselves when a person is exempted from liability, as well as various opinions of legal scholars and judicial practice, with the aim of revealing the complexities of the concept of exemption from criminal liability in legal doctrine. It identifies the specific characteristics of exemption from criminal liability as a legal institution, while also presenting solutions to certain problems. The actual functions of the general grounds for exemption from criminal liability are also examined, as revealed through a comparison of legislation, judicial practice, various statistics, and legal doctrine. In this way, based on the functions of the grounds for exemption from criminal liability, three distinct groups are identified, thereby revealing the deeper structure of this legal institution. Furthermore, this system is compared with the criminal laws of Germany and Poland, thereby identifying the specific features, distinctive characteristics, and relatively broad scope of application of the system of exemption from criminal liability in Lithuania. |
