Šukytė, Jolita

Chapter 4 (“The Unlawful Stalking of a Person”) examines the definition of stalking as a criminal phenomenon. This chapter finds that, despite the difficulties faced by individual states in formulating their own definitions of stalking, a coherent approach allows stalking to be seen as constituting the repeated acts of a person which are of a frightening nature and cause disturbance and uneasiness. A coherent approach to stalking is necessary not only for a better understanding of its nature, but also for the application of criminal responsibility. Unlawful acts of stalking are usually regulated by separate norms in national criminal legislation, with the names of these norms specifically referring to unlawful stalking. However, acts constituting unlawful stalking may render a person criminally responsible even if an offense specifically referred to by that name does not exist in the criminal law of the state. The norm of systematic intimidation (Article 145(2) of the Criminal Code) applied in Lithuanian jurisprudence is an excellent example of this. Stalking as an independent criminal offense was also established in the Criminal Code of Lithuania in the chapter covering “Crimes against human freedom.” However, the new norm of unlawful stalking did not bring coherence to the assessment of repeated acts of intimidation, but instead created competition between general (Article 145 of the Criminal Code) and special (Article 148-1 of the Criminal Code) norms. This norm also posed one of the most significant challenges faced in this area: to identify criteria in the practical application of the norms that would help to distinguish cases of systematic intimidation from unlawful stalking.

The very concepts of violence, studies of its forms from the criminal law viewpoint may be instrumental in dissociating criminalised violent actions from non-criminalised though having a legal significance or the actions falling outside the area of criminal regulation; furthermore, such studies can help identify the actions that in criminal law should be viewed as socially useful (for instance, the circumstances excluding criminal responsibility). It should be noted that the concept of violence and identification of its expression forms have not only a theoretical value, but also, as has been by this study proven, is applicable in legislation (for instance, for the purpose of criminalising different types of violence), as well as in case law (for instance, when identifying possible violence manifestation options). In the light of the above the present paper focuses on the definition of violence, the possible forms of its manifestation; the authors also looked into the specific forms the coercive criminal acts can acquire in the legislation.

The research paper discusses different issues of interpretation and qualification of illegal access to an information system (IS), taking into account international instruments and European Union legislation as well as the relevant case law of Lithuania. Analysis of criminal cases and legal regulation shows that such cases require an appropriate combination of the technical and legal sides of such criminal offences. In this context, it is also important that criminal liability for illegal access to an IS must be underpinned not only by the principles of technological neutrality and equivalent assessment but also must ensure respect for the ultima ratio (last resort) principle. It is this principle which in particular is the subject of considerable attention in the research paper in terms of over-criminalisation of illegal access to an IS. While solving the puzzle of technology and terminology alignment, the paper also explores the elements of illegal access to an IS. In the light of developments in Lithuanian case law, more emphasis is placed on the debatable infringement of security measures, as an element, and on possible interpretation of its content.

In response to the concerns raised, the paper concludes that in order to avoid formal application of criminal liability for committing negligent criminal acts described in formal composition, the possibly originating harmful consequences can be considered as one of the possible hazard assessment criteria. Although dangerous consequences are not included in the formal configurations, according to the author, their assessment has an implication on determining the gravity of offences and, therefore, the justification of application of criminal law.

Atsižvelgiant į tai, kad baudžiamosios teisės teorijoje suformuluota psichinės prievartos doktrina yra gana plati ir psichinės prievartos elementas kompleksiškai nagrinėjamas įvairiais aspektais, straipsnyje pasirinktos analizuoti kelios šios doktrinos probleminės sritys. Straipsnyje aptarta psichinės prievartos išraiškos formų įvairovės problema, pastebint, kad neretai baudžiamosios teisės specialistų darbuose psichinės prievartos formos aiškinamos gana plačiai, nesiejant jų tik su įvairaus turinio grasinimais. Analizuojant grasinimus, kaip psichinės prievartos išraiškos formą, atkreiptas dėmesys ir į šantažo dilemą, kuri siejama su šios veikos kriminalizavimo pagrindimo sunkumais. Šios problemos analizei pasitelktos baudžiamosios teisės doktrinoje pateikiamos ekonominė, liberalioji ir trečiosios šalies teorijos.