| Abstract [eng] |
The master thesis analyzes the concept and system of cybercrime, which is established in Criminal Code of Lithuania chapter XXX. The thesis is composed of three sections. Section one is based on characterizing the cybercrime concept – it discusses historical aspects of cybercrime, considers different author’s opinions as well as different cybercrime classifications on that matter. Bearing in mind the tendency to regard almost any offence that involves a computer as a ‘cybercrime’, the lack of consensus as to what they actually are, and the terminology issue, study examines and highlights specific reference points inherent to the cybercrime nature. In addition, cybercrime definition is given in section one. Section two analyses the corpus delicti of crimes described in Criminal Code of Lithuania chapter XXX, likewise some evaluative features of corpus delicti, compares national and international, European Union legislation in terms of harmonization of legal frameworks. This section also provides an outline of relevant rulings, decisions of Supreme Court of Lithuania and other lower instance courts, analyses case law flaws and mistakes. Section Two recommends changes to be made in legislation along with the case law. Finally, Section Three focuses on criminal codes of foreign countries (in comparison with Criminal Code of Lithuania), also concentrates on problems regarding dispute over relation between cybercrime and use of force doctrine. Concerning international incidents and tendencies, thesis points out and analyzes possibility of acknowledging cybercrime as crime of aggression, which belong to the International Criminal Courts jurisdiction. Conclusions are drawn in section three that there is a demand for adoption of a new crime (computer-related fraud) in Criminal Code of Lithuania, furthermore thesis states, that cybercrime meets the traits of crime of aggression. |
