REFORM OF LITHUANIAN CRIMINAL LAW: TENDENCIES AND PROBLEMS

Abstract

The purpose of the article is to analyze a new Criminal code of the Republic of Lithuania (in force from the 1st of May, 2003), with the aim to highlight its differences from the old one, and, thereby, to discern the most important novelties while discussing their advantages and possible difficulties (if any) in applying the new norms in practice. The author chooses to investigate only the general part of the criminal code and to analyze, according to the author’s opinion, only the most important developments in it, as due to the extent of the article it is impossible to make a detailed analysis of all the novelties in the new criminal code. The author of the article chooses to analyse classification of offences, diminished responsibility, corporate liability, new factors eliminating criminal liability, reform of penalty system, and extension of possibilities to discharge from criminal liability. The research reveals that not all discerned novelties are functioning properly and that some critical issues may be indicated, but, in general, the new criminal code is valued as a positive achievement and a great move towards the enhancement of Lithuanian criminal law. Conclusions of this work, obtained through scientific research, may be used to improve existing criminal code in practice.