| Abstract [eng] |
The Master Thesis analyses an overlap between different offenses and its importance in relation to the penalty. It should be noted that for Lithuanian courts situation where they have to implement such an institution is rather common, i. e. persons are prosecuted not for one but for several offenses, nevertheless, the mentioned penalty institution still remains problematic. That is why this study focuses and summarizes the main theoretical and practical problems concerning approaches to the overlap between criminal offenses. The first section of the main part of Thesis focuses on the concept of overlap between criminal offenses, its development and types (forms). The main areas of focus include analysis of the types (forms) of the real and the ideal overlap, and their mutual demarcating. Only precise determination of the type (form) of overlap ensures understanding how it would influence the personal criminal liability. Although a single offense is apart of overlap of the criminal offenses, some offenses may be externally very similar to the overlap of offenses. For this reason, to determine the overlap of criminal offenses more clearly, the second section of the main part of the Thesis analyses continuous and lasting single offenses, their typical features, as well as differences from the overlap of criminal offenses. Following a thorough analysis of the institution of criminal offenses, the third section of the main part is devoted to the discussion of significance of the penalty. For this purpose, the principles regarding penalties for several criminal offenses provided in Article 63 of the Criminal Code of the Republic of Lithuania are reviewed. It should be emphasized that determination of the type (form) of overlap of the criminal offenses gives basis for applying of principles of penalty consolidation in the case of particular offender. This part extensively discusses all three penalty consolidation methods (punishment comprehension, partial constitution, and complete constitution), and analyses whether their execution is fair, reasonable and necessary in the Lithuanian criminal law. |
