| Abstract [eng] |
In Master's thesis is analyzing illegal enrichment - an activity that is receiving increasing attention in field of international and national law. Before the law was passed, were set goals that mentioned composition, consolidated in the Criminal Code that would be able to manage the shadow business and income it generates, prevent individuals from illegally enriching themselves in the future and possibility to confiscate property received from illegal income. The main purpose of this work is to analyze composition of crime of illegal enrichment and application peculiarities of criminal liability. In first part of work, in order to better reveal characteristics of the offense of illegal enrichment, is analyzed the concept of crime, its development and sources of law that influenced formation of disposition. Reviewing regulation established in other countries and valued with what constitutional problems the states face applying the norm. The second part of work can be named as the most important, because the analysis of composition of illegal enrichment has been performed based on the legal doctrine, valid legal acts of the Republic of Lithuania and the case law of the Supreme Court of Lithuania. According to laws, the main concepts of constituent features of illegal enrichment were revealed, evaluated case law were presented potentially problematic aspects of qualification. The third part of work is dedicated to discuss formulation "the one who had" and the presumption of innocence. The final part deals with imposition of penalties and punitive measures in case law. Is discussed new bill on the confiscation of civil property, its relation to existing norms, and considering the prospect of future. When the CC was supplemented with norm of illegal enrichment, almost ten years later, it is noticeable that article still remains one of the most debated due to its legal construction and its manifestations of innocence presumption. Based on number of convictions, it appears that norm does not meet expectation of "effective and merciless" fight against crime, oligarchs, etc., which were declared at consideration and adoption stage of law. Dealing with possible situations of illegal enrichment, in practice there are endless issues which has not been discussed by the legislature or can yet be explained by case law. Both pre-trial investigation officers and courts face difficulties in proving the suspect's guilt. The person's inability to justify the available assets with legitimate income is not in itself sufficient factor to establish guilt, more the guilt must be proven by officers but not suspected person. The work is based on Lithuanian and foreign scientists opinions, various legal acts of Lithuania and foreign countries, the formed practices of the Lithuanian and European Court of Human Rights, resolutions of the Constitutional Court and reports of state institutions. The work presents an analysis of the article on illegal enrichment, is presented recommendatory conclusions. |
