Bendrininkavimo formos LR BK ir jų baudžiamasis teisinis vertinimas

Abstract

Summary The master thesis presents legal analysis of forms of complicity in the Criminal Code of Republic of Lithuania. The institute of complicity presents rather complicated structure within the Criminal Law. The modern system of forms of complicity consists of three members: group of accomplices, organized group and criminal association. The theory of Criminal Law is trying to find ways of justifying the construction, presented by the legislator. The forms of complicity as a topic of analysis have a great importance for the court practice, whereas courts’ decisions depend on the proving of marks and features of complicity. The legal regulation of complicity has been changed by the legislator. The new Criminal Code of 2000 regulates forms of complicity and constitutes new features of them. The regulation is new. The forms of complicity were not present in the old Criminal Code. In addition to that, different doctrines of law separate different features of forms of complicity. It is important systemize them theoretically. The new regulation of forms of complicity is important not only because of new features of the forms, but also the estimation of them present difficulties in various criminal cases. Thus, the author presents valuable analysis and different suggestions for establishing forms of complicity in different criminal cases. Examples from cases are widely analyzed and discussed. The existing doctrine is based on the Criminal Code of 1961. The doctrine of law is supported by the decisions of the Supreme Court of Lithuania, which has pointed, that there is a lack of subsidiary features of form of complicity. The author presents legal comparison of forms of complicity in Criminal Code of Lithuania and in criminal laws of foreign states. He also compares features of forms of complicity pointing the differences of regulation, details particular attributes and their significance. The author presents significant findings and suggestions for the legislator as well as prosecution and courts.