Both in criminal law science and in the judicial practice there are a lot of discussions as to what should be considered as the beginning and end of human life. Birth and death are not instantaneous acts, but rather processes made up of time-spans that can be construed as evidence of the beginning or end of a human life. From a biological point of view the human life is a constant, continuous metabolic process after cessation of which the human life (...) also ceases. These circumstances very much aggravate the definition of criteria of the moments of beginning and end of human life. There are disagreements in the criminal law science with respect to from which moment the human life is to be protected by the criminal law. Herewith this presupposes also the other problematic question—what is to be considered a “living human” as a homicide subject (a victim). Complication of the said question is also determined by the fact that it is related not only to legal but also to medical, religious, and moral aspects. This article exactly analyses certain aspects of the beginning and end of human life in the context of the homicide composition attributes. (shrink)

In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that the purpose (...) of criminal law is coordination or, at least, the balance of the interests of conflicting subjects—the victim and the culprit, the culprit and the state. Thus, by means of criminal law, one can try to attain legal concord in seemingly irreconcilable situations. The reality of such striving is confirmed by court practice and statistics in criminal justice. The article analyses the origin of the reconciliation function, essentially a new aspect of criminal law. A position is formed that the fundamentals of such a function of criminal law are “laid” by the provisions of the Preamble to the Constitution of the Republic of Lithuania that the striving of the Nation is an open, just and harmonious civil society and a state under the rule of law. For the implementation of these provisions, one makes use of the possibilities of penal law-making and respectively corrects the penal policy. (shrink)

The article deals with the entrenchment of the institute of criminal liability of a legal person in the Lithuanian criminal law. Upon approval of the Criminal Code of the Republic of Lithuania (hereinafter also referred to as the CC) on 26 September 2000, the criminal liability of a legal person was provided almost in every fifth (at present—in every second) article of the Special Part of the CC. Although criminal liability has been increasingly applied to legal persons (e.g., in 2011, (...) if compared to 2005, almost three times as much punishments were imposed), however, almost 90 percent of the articles of the CC providing also for criminal liability of a legal person are “dead”. One doubt arises with regard to social legitimacy of such lawmaking and the quality thereof in the sense of juridical technique. (shrink)