| Abstract [eng] |
Driving with a blood alcohol level that exceeds 1,5 promille was criminalised in 2017 in order to protect road users from offenses committed by drunk drivers and ensure road traffic safety. Article 281(7) of the Criminal Code of the Republic of Lithuania was one of the most frequently applied legal norms in 2017-2019. In the master‘s thesis based on different methods of scientific research the application of Article 281 (7) of the Criminal Code of the Republic of Lithuania is analysed. The first part of the master‘s thesis examines the historical development of driving under the alcohol influence as a violation of law in administrative justice and reveals the origins of criminalization of driving with a blood alcohol level that exceeds 1,5 promille. The second part of the master‘s thesis aims to emphasize the specificity of offence by discussing unique features and compatibility between legal norms. The master‘s thesis analyses the problems rising from the application of this legal norm such as the determination of driving fact, the procedure of checking alcohol level, whether crime is committed willfully or through negligence. Finally, the most common penal effect measures and their application are discussed. The basis of the work consists of case-law analysis prepared by author. More than a hundred criminal cases of Supreme Court of Lithuania and Vilnius Regional Court related to the application of Article 281 (7) of the Criminal Code of the Republic of Lithuania were examinated and systemised in order to reveal the existing problems. Changes in legislation are briefly analyzed in order to detect drawbacks which distort the existing case-law. |
