| Abstract [eng] |
Problematic Aspects of Term Validity of Criminal Law This Master thesis analyses the criminal statutes of limitation and its problematic aspects. The first part of thesis reviews principal provisions and sources with regard to the criminal statutes of limitation and application. With regard to the criminal statutes of limitation, general basics are embedded in both universal international documents and the national law. Therefore, this part reviews the significance of these sources and their correlation. The next part of thesis analyses principal provisions in the criminal statutes of limitation. In order to apply the criminal law correctly, it is necessary to determine the time of a crime and the law, which was in force at the time of the crime act. Therefore, this part focuses on those cases, where it is difficult to determine these circumstances. Also, it analyses a very relevant issue of this topic – which criminal law should be applied, if the criminal law at the time of the crime was different from the criminal law applied during the hearing or at the time of conviction. The most of this thesis is focused on the issues of the criminal statutes of limitation. This part, firstly, discusses the milder criminal statutes of limitation and its application. It analyses the controversial law and related issues. It focuses on the latest practice of the Supreme Court of Lithuania. The last part of Master thesis analyses the topic of retrospective criminal statutes of limitation and the application to the crime of genocide. It was noticed that the concept of the crime of genocide is approached more extensively in the international law compared to the national law; therefore, it causes issues to the retrospective criminal statutes of limitation. |
