| Abstract [eng] |
Criminal Liability for Smuggling The object of the Master thesis is the criminal liability of smuggling according to the criminal code of Lithuania, paragraph 199, that establishes the responsibility for economical and business crime. The main purpose of this paper is, according to the acts of law, doctrine, and court practice, analyse thoroughly the elements and features of the composition of smuggling crime and what punishment is applied by court for perpetrator. First of all, this work includes the concept of smuggling and its threat to the economy, state finance system and public safety. It also discusses the criminal liability for smuggling criminalization evolution of Lithuanian state and the smuggling of regulatory need for change reasons. Furthermore, this paper presents the detailed analysis of contraband corpus delicti – object and article, objective side, subject and subjective side. In addition, the qualifying feature of the crime is discussed, where list is finite and for which responsibility is set irrespective of the quantities transported. According to the courts‘ practice of the Republic of Lithuania, qualification samples are submitted, the offense of smuggling contraband delimitation of administrative violations and similar crimes are presented. It also analyses the sanction system that applies the culprit for smuggling, the case-law proportionality problems and the criminalization of smuggling of foreign law review, that is to say regulation of Singapore, China and of Lithuania neighboring countries legislation. |
