Civil and criminal penalties in lithuania
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Civil and criminal penalties in lithuania

KAUNAS COLLEGE

THE FACULTY OF ECONOMICS AND LAW

LAW DEPARTMENT

PROJECT WORK

CIVIL AND CRIMINAL PENALTIES IN Lithuania

KAUNAS 2003

CONTENT

Introduction 3

1. CRIME 4

2. CRIMINAL PENALTIES 4

2.1 Recommendations and suggestions how to solve the problem 5

2.2 Court – place were judge impose the penalties 7

2.3 Lithuania crime 8

3. MEANS OF PENAL AND CIVIL INFLUENCE WHILE CONTROLLING THE CRIME 10

3.1 Imprisonment penalty putting into practice in Lithuania in 1991-1994

11

4. DEATH PENAL IN LITHUANIA 13

4.1 EVOLUTION OF THE DEATH PENALTY IN LITHUANIA 13

4.2 LITHUANIAN POPULATION ABOUT THE DEATH PENALTY 14

4.3 THE SENTENCE TO DEATH 16

4.4 CAPITAL PUNISHMENT IN LITHUANIA 16

5. CRIMINAL LAW 17

5.1 ELEMENTS OF PROOF 18

5.2 DEFENSES 196. CRIMINAL LIABILITY PROVIDED FOR MINORS IN THE DRAFT PENAL CODE OF THE

REPUBLIC OF LITHUANIA 20

6.1 FROM THE CRIMINAL CODE 21

7. THE POINT OF VIEW OF THE PRESIDENT 22

OF OUR STATE ON THE DEATH PENALTY 22

7.1 ON DEATH PENALTY IN THE REPUBLIC DF LITHUANIA 23

CONCLUSIONS 24

REFERENCES 25

Introduction

The Aim of project – to analyze tendencies and causes of crime in

Lithuania; to investigate the effectiveness of ciminalistics and penal and

civil effect measures on criminality in Lithuania.

The Main goal: crime, criminal justice activities, penal and civil

effect measures for crime control in Lithuania.

The Main Tasks of the project – to prepare the concept of the

analysis of criminal tendencies and causes and to prepare the proposals for

the improvement of the Lithuanian penal policy; to investigate an effective

crime control system of rational punishments and civil legal effect

measures; to analyze the practice of the application of the criminal code

and criminalities in crime investigation in Lithuania and to prepare the

concept of crime investigation in Lithuania and, on the basis of this

concept, to prepare concrete proposals for the effectuation of crime

investigation in the Republic.

1. CRIME

Crimes against foreigners, while usually non-violent, are becoming

more common. Pick pocketing and theft are problems, so personal belongings

should be well protected at all times. Car thefts, carjacking, and theft

from cars are increasingly commonplace. Drivers should be wary of persons

indicating they should pull over or that something is wrong with their car.

Often, a second car or person is following, and when the driver of the

targeted car gets out seeing if there is a problem, the person who has been

following will either steal the driver’s belongings from the vehicle or get

in and drive off with the car. Drivers should never get out of the car to

check for damage without first turning off the ignition and taking the

keys. Valuables also should not be left in plain sight in parked vehicles,

as there have been increasing reports of car windows smashed and items

stolen. Burglary of foreigners’ homes is also prevalent; home alarm systems

should be used whenever possible. American citizens should avoid walking

alone or in small groups after dark. There have been cases of American

citizens being drugged in bars and then taken elsewhere to be robbed. In

any public area, one should always be alert to being surrounded by two or

more people at once. Racially motivated verbal, and sometimes physical,

harassment of American citizens of non-Caucasian ethnicity has been

reported in major cities. Incidents of racially motivated attacks against

foreigners have been reported in Klaipėda in particular.

2. CRIMINAL PENALTIES

While in a foreign country, a U.S. citizen is subject to that

country’s laws and regulations, which sometimes differ significantly from

those in the United States and may not afford the protections available to

the individual under U.S. law. Penalties for breaking the law in Lithuania

can be more severe than in the United States for similar offenses. Persons

violating Lithuanian laws, even unknowingly, may be expelled, arrested, or

imprisoned. Penalties for possession, use, or trafficking in illegal drugs

in Lithuania are strict and convicted offenders can expect jail sentences

and heavy fines.

2.1 Recommendations and suggestions how to solve the problem

Taking into consideration long lasting complicated crime

situation, the conclusions of its statistic analysis and prognoses, it is

suggested to concentrate joint efforts of researchers and practical persons

to solve these urgent problems of crime control and prevention:

1. The priority should be given to the control and prevention of these

forms and types of crimes: crimes against persons life, health,

inviolability of person and property; organized, economic and other

crimes connected with corruption; control of socially dissipated

persons inclined to crime, the creation of their resocialization

system; early prevention of under-aged and juvenile violence of law

(as the potential reserve and resource for the increase of general

crime rate); prevention of crime relapse.

In order to solve the mentioned problems special programs

should be created, and already prepared special programs are to be put

into life.

2. It is very important to create a complex national program for crime

control and prevention. It should cover the system of legal,

organizational, political, scientific, informational, analytical and

other means:

• The strategy – creation of preventive system, complex elimination of

crime causes and conditions (especially juvenile delinquency), their

neutralization.

• It is necessary to improve the detection of crimes of organized

criminal groups and the facts of corruption, to ensure the

inevitability of responsibility.

• Creating and developing the law system it is necessary to take into

consideration not only penal laws, but first of all the development of

legal regulation (elimination of gaps and collisions) in the economic,

commercial, financial, management, educational, cultural, family,

protection of children’s rights, social care and other spheres of

social activities and life.

• Solving the problem of the creation of structural system it is

suggested not only to strengthen the law enforcement institutions

(structures of „force“), but preventive structures as well (such as

revision, audit, control, etc.).

• It is necessary to create and strengthen informational analytical and

scientific methodical preventive system (accumulation of social,

economic, legal, political and other information, systematizing and

analyzing of it; detection of shadow economy and other criminal

phenomena, their prognosis, organization of special research,

preparation of methodic aids, specialists teaching and training).

• Crime prevention, especially organized one, and control system is

effective if it foresees not only national but regional (Baltic and

other countries) and international means of cooperation.

• In order to create the system and put it into life, its sufficient

financing and material technical maintenance is obligatory.

3. Our country is integrating into the political, economic and legal

structures of Europe, therefore, it is urgent to prepare scientific

theoretical preconditions for the creation of crime control and

prevention national system. Creating and implementing the system it is

necessary to take into consideration the prognoses and perspectives of

the legal system of Lithuania, social, economic and political

development, as well as crime situation.

• It is necessary to continue and make more active fundamental and

applied, urgent for Lithuania, research into the problems of crime

prevention and criminal justice.

• In order to make criminal research more effective it is expedient to

carry out complex research programs with participation of lawyers.

• criminologists of research and educational institutions, sociologists,

economists, demographers, philosophers, educators, etc. from different

countries; to develop regional and international cooperation in

preparing and carrying out such programs.

• It is necessary to ensure substantial financing (forming and

fulfilling the state budget) of special criminological research

programmes, preparation of scientific methodic aids and their

publications.

Carrying out the research the statistic records of persons, who

did crimes according to the law and social demographic features in 1990-

1995 were accumulated and methodized.

The interaction between the criminal’s personality and

environmental factors, which are expressed in the statistic data is

analyzed (1988-1995). Methodized data characterizing the „statistic“

inhabitant of Lithuania and crime and criminal personality were prepared

for the deeper analysis according to the mathematics methods. The initial

concept of the criminological data bank was looked through adapting it to

the bank requirements. There was detailed:• victim logical data;

• data on presented applications;

• data on actions brought;

• data on cases where a person was accused;

• data on cases brought into the court, on cases where the judgment for

the accused was implemented and etc.

2.2 Court – place were judge impose the penalties

Under the Constitution of the Republic of Lithuania of

1992 the following court system is established: the Supreme Court, the

Court of Appeal, district courts, and county courts. There are 54 district

courts in Lithuania. District courts that are located within the territory

of its activities, are
the first instance for civil and criminal cases.

Cases brought before a district court are heard by a single district court

judge.

County courts (there are 5 county courts) are the first instance

for civil and criminal cases which fall under its jurisdiction in

accordance with law. County courts are also the instance of appeal for the

decisions of district courts. The Court of Appeal of Lithuania is an

appellate instance for cases, which have been heard by county courts as the

courts of first instance. The Supreme Court of Lithuania is the only

cassation instance for criminal and civil cases. From 1 May 1999

Administrative Tribunals started their activities. Tribunals consider

complaints against administrative misdemeanours. The system of county

administrative tribunals and the Higher Administrative Tribunal is

established under the Constitution of the Republic of Lithuania.County administrative tribunals are the first instance for cases. The

Higher Administrative Tribunal is an appellate instance for cases, which

have been investigated by county administrative tribunals. The Higher

Administrative Tribunal also investigates appeal cases of district courts

concerning administering of administrative penalties. The Higher

Administrative Tribunal is the only and the final instance for cases

concerning administrative acts, which have been accepted by the subjects of

central state administration. The functioning of the court system is

regulated by the Law on Courts.

Criminal Justice System- Law

Lithuania is a parliamentary democracy. The people directly elect

the president. The judiciary is separate from the other branches. No person

may be arbitrarily arrested or detained. Police may detain suspects for up

to 48 hours based on reliable evidence and with approval by an investigator

or prosecutor. A district judge may prolong that period of detainment from

6 to 18 months. The accused has the right to counsel. Bail is available.

Criminal Justice System- Practices

Though, the accused has the right to counsel, there is a shortage

of trained advocates. The detention periods have been criticized as being

excessive. This has been blamed on the slow trial system. The government is

trying to remedy this by finding additional qualified judges. Bail is not

widely used. Prison conditions are overcrowded and dangerous. The

government is attempting to remedy the situation with assistance from other

nations, but this has been a slow process.

2.3 Lithuania crime

View this page with sources or definitions listed for each

statistic.|Acquitted: |599 (2000)  [35th of 49] |per capita: |

| | |0.17 per 1000 |

|Burglaries: |9,203 (2000)  [36th of 54] |per capita: |

| | |2.56 per 1000 |

|Car thefts: |5,185 (2000)  [32nd of 55] |per capita: |

| | |1.44 per 1000 |

|Convicted: |20,680 (2000)  [36th of 56] | |

|Death penalty – |1998  [6th of 63] | |

|abolition date: | | |

|Death penalty – last|1995  [1st of 46] | |

|executed: | | |

|Embezzlements: |703 (2000)  [28th of 44] |per capita: |

| | |0.2 per 1000 |

|Frauds: |1533 (2000)  [39th of 61] |per capita: |

| | |0.43 per 1000 |

|Illicit drugs: |transshipment point for | |

| |opiates and other illicit | |

| |drugs from Southwest Asia, | |

| |Latin America, and Western | |

| |Europe to Western Europe and | |

| |Scandinavia; limited | |

| |production of methamphetamine | |

| |and ecstasy; susceptible to | |

| |money laundering | |

|Jails: |14 (2000)  [48th of 62] |per capita: |

| | |0 per 1000 |

|Judges and |631 (2000)  [24th of 45] |per capita: |

|Magistrates: | |0.18 per 1000 |

|Manslaughters: |38 (2000)  [27th of 43] |per capita: |

| | |0.01 per 1000 |

|Murders: |370 (2000)  [29th of 62] |0.1 per 1000 |

|Murders with |83 (2000)  [18th of 32] |per capita: |

|firearms: | |0.02 per 1000 |

|Police: |12,731 (2000)  [32nd of 48] |per capita: |

| | |3.54 per 1000 |

|Prisoners:
|9,516 (2000)  [37th of 61] |per capita: |

| | |2.64 per 1000 |

|Rapes: |183 (2000)  [46th of 65] |per capita: |

| | |0.05 per 1000 |

|Robberies: |4,374 (2000)  [30th of 64] |per capita: |

| | |1.21 per 1000 |

|Sentence Length: |25 (2000)  [19th of 34] | |

|Total crimes: |82,370 (2000)  [38th of 60] |per capita: |

| | |22.87 per 1000 |

Lithuania is a signatory to the Council of Europe Criminal

Convention on Corruption.  In September 2000, the Lithuanian Parliament

adopted a new Criminal Code, which establishes criminal liability for

trading in influence and extends the concept of civil servants to those

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