| Abstract [eng] |
Theory of criminal law and the court practice faces fraud and criminal acts of financial system separation problems and this thesis tries to identify these separation criterias. Given the fact that the master thesis title implies two main elements (fraud and criminal acts of the financial system), the work begins with fraud (Article 182 of the Criminal Code) analysis, and then sequentially moves to the criminal acts of the financial system in the study. The first part of the thesis analyzes the historical development of the fraud concept i.e. change of fraud concept in different historical stages. Thus, the analysis shows the nature and character of the offense, explained attributability to property crimes. The first part also includes fraud regulatory changes in Lithuania and conduct composition analysis: objective and subjective side – this emphasizes the essential constituent elements of fraud. The second part is based on the first part. It primarily contains the concept of offenses in financial system. Then we go to a specific financial system offenses analysis, which are usually committed. After specifying essential features for these offenses and taking a comparative approach, thesis describes relation between the fraud and criminal offenses to the financial system. According to criminal law doctrine and law cases, thesis identifies objective and subjective symptoms of the acts: setting similarities and differences, classification issues. Finally, after a comparison of the analyzed elements, it gives conclusions based of the Supreme Court cases and framing of the acts of separation criterias. |
