Asmens, padariusio nusikalstamą veiką, sulaikymas, kaip aplinkybė, šalinanti baudžiamąją atsakomybę

Abstract

The objective of the work is to analyze and show the concept, general features and sorts of circumstances eliminating criminal liability. The work is directed towards establishing the content of the legal institute of detention of a person who commited a criminal action, its place in the system of circumstances eliminating criminal liability. It also contains analysis of the problem of the name of the legal institute of detention of a person who commited a criminal action. The sources for the research are The Constitution of the Republic of Lithuania, the Criminal Codes of the Republic of Lithuania of the year 1961 and 2000, and other statutes, international documents, criminal caselaw, criminal law textbooks, studies, scientific articles, academic works and other academic literature in the field of criminal law. In the course of the research there was an empyrical method employed – analysis of academic literature, theoretical methods: comparative, historical, logical, critical, systemic analysis, synthesis, deduction, induction, and others. The first part of the work is dedicated to the analysis of general features and sorts of circumstances eliminating criminal liability, the definition of a circumstance that eliminates criminal liability is provided. The second part focuses on the analysis on a particular circumstance that eliminates criminal liability, i.e. on the concept of detention of a person who commited a criminal action. The emergence of the situation, the establishement of a corresponding provision of law, its purpose, advantages and disadvantages of the variuos ways of naming this legal institute are analyzed in this part. The aims and grounds for detaining a person who commited a criminal action are formulated. The legality issues relating to suspicion with commiting a criminal action and damages suffered are analyzed. Third part of the work provides an analysis of detention of a person who commited a criminal action and other circumstances eliminating criminal liability, like: self – defence, execution of professional duties, necessity, their inter-relationship, the criteria serving for distinquishment of the named circumstances as separate cases eliminating criminal liability is formulated.