| Abstract [eng] |
Criminal Liability for Smuggling This work for the Master‘s degree deals with the criminal liability for smuggling. Crime and offences of smuggling are defined as illegal transportation of goods or other objects across the borders of the state. Criminal liability is defined in the Article 199 of the Criminal Code of the Republic of Lithuania. The main aim of the work is to carry out an investigation in the composition of smuggling as a crime and in the peculiarities of applying criminal liability for smuggling. In the first part of the work the concept of smuggling and the development of this concept are presented. This is necessary to reveal the indications of criminal deed in smuggling. Legal sources which had an impact on supplementing and changing the disposition as well as on formulating the present composition of smuggling are analysed. The second part of the work is considered the most important. It presents the analysis of the main components of smuggling. This analysis is performed referring to the legal doctrine and the legal acts which are in power at present, as well as to the newest practice of the Supreme Court of Lithuania. The main notions of smuggling, its components, their main indications and problematic aspects as well as qualifications are revealed using the examples from the legal practice. This part also presents the fair assessment of smuggling, its main composition and indications as the whole in practice. The third part of the work is dedicated to the analysis of the qualifying and privileged indications of smuggling in practice. The fourth part of the work deals with the main criteria for the delimination of criminal and administrative liability for smuggling. The final part of the work focuses on the attitude towards imposing punishment. Different attitudes towards criminal liability and their application in practice of courts are also described. The main indications which are assessed in practice of courts while qualifying a deed of crime and attaching it with an appropriate punishment, the most problematic aspects of such qualification are revealed as well. |
