| Abstract [eng] |
Analysis of the Corpus Delicti of Unlawful Deprivation of Liberty Protection of human rights to freedom – one of the most important tasks of every democratic state. However, no matter how human right to freedom is protected, it can be violated. The most common criminal act, violating human rights to freedom is unlawful imprisonment, with which all the countries of the world are fighting regardless of their level of development. In 2003, after the Criminal Code of the Republic of Lithuania entered into force, unlawful deprivation of liberty is established in Article 146. However, in the past years this criminal offense was not comprehensively investigated and analysed in scientific doctrine of criminal law. So far it has not been paid proper attention to analysis of composition of unlawful freedom subtraction, to disclosure of its theoretical and practical peculiarities, displayed in courts‘ practice. Therefore, there are many unanswered questions in the aspect of unlawful deprivation of liberty. The aim of the master’s final work – taking into account the scope of investigation, to analyse the composition of unlawful deprivation of liberty. The work comprehensively analyses the composition of unlawful imprisonment, discussing the object and the victim of unlawful imprisonment, examining objective criterions of activity as well as subject and subjectives attributes of activity. There are analysed attributes, which qualify the unlawful imprisonment – the use of violence, causing danger for the victim’s life or health, victim’s detention in custody for more than 48 hours and confinement of him in psychiatric hospital not for the illness. As well there is considered separation of unlawful imprisonment from similar criminal acts. In the end of the work there are presented conclusions and recommendations. |
