The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that at least in (...) the first cases of application of this crime, its objectives and particularities are misunderstood. (shrink)

The development of an information society and information technologies does not result in positive consequences only. Individuals with criminal intent also find their niche. Information security includes the creation of the input, processing and output processes of protection. The objective of information security is to protect the system of values, to protect and ensure accuracy and integrity and to minimize losses that may be incurred if the information is modified or destroyed. In the development of an information society, the new (...) visible changes in the legislation for the classification of crimes–crimes against computers–altered the concept of electronic crime data and information system security concepts. This article presents a brief analysis on the concept of the change of crimes against security of electronic data and information systems, the legislation analysis, the crimes against security of electronic data systems and information dynamics and its relationship with business factors. (shrink)

Drug phenomenon is relatively new in our country; it became relevant only in the ninth decade of the last century. A new phenomenon or a process is usually dynamic in the initial stages and only later does it acquire features of stability and the main trends that have become prominent several years ago remain unchanged. The author shows the data of drugs crime and other indicators and the aspects of their perspectives. In the article, a question about drug crimes in (...) Lithuania is considered in all aspects. The author maintains that the rapid emergence of many new non‑controlled psychoactive substances represents an increasing challenge for current models of drug control. (shrink)

This article refers to the criminological analysis of the state registration of victimological data about criminal victimization in Lithuania. The period of analysis is 2004-2009. Following the validation of new criminal laws on 1 May 2003, from 2004 a period of stable state registration of crime victims, i.e. a period without significant changes in criminal laws, commenced. The article deals with the analysis of spreading of criminal victimization among natural persons and juridical persons in Lithuania. The registered number of crime (...) victims in Lithuania during 2004-2007 decreased in consecutive order (14.3%, compared to 2004). Since 2008 the new changes have become clear—the registered number of persons mentioned above has gone up, though insignificantly, by 5%. The registered number of juridical persons as victims over this period increased (29%, compared to 2005). But juridical persons became victims of misdemeanors more often than natural persons—so their situation was better than that of natural persons. (shrink)

This article refers to the main features of contemporary criminality in Lithuania. The period of analysis of those main features is 2004-2011. From 2004, a period of stable state registration of criminality, i.e. a period without significant changes in criminal laws commenced. The article deals with the analysis of spreading criminality in Lithuania, and the main socio-demographical features of persons charged with criminal offences. The registered number of criminal offences in 2011 decreased by about 15%, compared to 2004. The largest (...) decrease was recorded in 2007. Yet during the economic crisis, after 2007, the number of registered criminal offences slightly increased, however, as has already been mentioned, the registered number of criminal offences in 2011 was 15% less. Nevertheless, we must bear in mind that the changes in criminality came two-three years after certain social changes, in this case – the economic crisis. The characteristic features of the contemporary criminality in Lithuania are: the tendency of decrease in violent crimes (homicides, rapes, serious bodily injuries). During the researched period, the number of homicides decreased by 39%, of serious bodily harms – by 56%; and of rapes and attempts – by 26.5%. Another tendency is the decrease in property crimes. The most widespread property crime is theft. The registered number of thefts decreased by 25%. Among them, the registered number of car thefts decreased the most – by 65%; and the decrease of domestic burglaries amounted to 55.5%. The registered number of robberies decreased by 53%. During the researched period, destruction of or damage to property and swindling – their registered number – increased by 80% and 92% respectively. In the countries with much more developed market economy than in Lithuania (e. g. in Scandinavian countries), the indicators of those crimes are 2 to 3 times higher. This means, firstly, that in future the number of those crimes in Lithuania will increase; secondly, the decrease in violent crimes and the increase of swindling means that market economy in Lithuania has become more developed than before. In Lithuania, the number of persons charged with criminal offences during the researched period tended to decrease, but not much, only by 12%. Some socio-demographic characteristics of persons charged with criminal offences are: juveniles make up 15%; traditionally, they are men, but in contemporary criminality in Lithuania we observe a small (only by 3%) increase of women; the increase in the number of persons aged from 18 to 24 is observed, and it seems that the socio-economic situation of this age group has become more complicated; during the economic crisis in Lithuania, the number of unemployed and not studying persons increased significantly (up to 60% in the structure of all registered persons charged with criminal offences) and almost reached a problematic situation that existed during the transitional period from socialist economy to market economy, from totalitarian society to democratic society (before 2000). (shrink)

The present article discusses the broadening of the concept of genocide in Lithuanian national criminal law with regard to the principle of nullum crimen sine lege. The broadened definition, which includes two groups, social and political raises serious problems when the national provisions on genocide are applied retroactively. However, in the case of Lithuania, such a broadening of the definition may be interpreted not as an introduction of distinct independent groups, but of groups that closely overlap with the groups defined (...) by the UN Genocide convention of 1948. The article suggests that potential problems with the principle of nullum crimen sine lege may be avoided by qualifying crimes against the Soviet regime as crimes against humanity. (shrink)

The present article is a subjective commentary on the case Kononov v. Latvia dealt by the European Court of Human Rights, in particular drawing attention to the Courts intention not to regard context of the case as important for the substantial issues. Author considers this approach in a bigger picture of clash of historical and legal paradigms of the heritage of the Second World War in different countries (namely, Western Europe, Russia, the Baltic States). Author also discusses what impact Kononov (...) case might have on Soviet crimes prosecution in the future. (shrink)

Right to life is an essential natural right protected and defended by law. The aim of this publication is to discuss the main issues regarding human right to life and its protection in the Roman law. Article deals with the problems of beginning and end of the human life and legal capacity in Rome, elements of legal protection of slaves and family members subject to pater familias life as well as the principle crimes attempting to human life. First of all, (...) the right to life as well as the right to liberty were held to be the institutes of natural law (ius naturale) meanwhile institutes that provided possibility to withdraw those rights (e. g. patria potestas that in the most ancient époque included right to decide on subject person’s right to life) are derived from the branches of positive law—civil (ius civile) and law of nations (ius gentium). Such attitude of the Roman jurisprudence had a solid impact on recognizing right of life to be an inherent law of every person, deriving immediately from the human nature and not conferred by the society and the state. (shrink)

The Convention on Cybercrime (the Convention) adopted in the framework of the Council of Europe is the main international legislative tool in the fight against cybercrime. It is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. Lithuania is among its signatory states, therefore, the provisions of the Convention have become binding on its legislator, obliging it to take all necessary (...) measures to harmonize national legal acts with the framework set out therein. The Criminal Code of the Republic of Lithuania (the CC) in force is the legal act establishing liability for criminal offences known as computer crimes and Internet crimes. Although the legislator of Lithuania had been combating cybercrimes since as early as 1994 by means of the amendments to the Soviet era Criminal Code of 1961, a significant effort was required to transpose the requirements of the Convention into the Lithuanian law, starting from the year 2007. The end result was not always as expected, leaving several serious gaps in the field of criminalization, which are thoroughly addressed in the article. In particular, this article deals with the topic of computer-related crimes and the legal approaches related to substantive criminal law of the Republic of Lithuania. The study is based on a comparative legal analysis of the Lithuanian CC and the Convention. (shrink)