Mirties bausmė ir kiti teisėto gyvybės atėmimo pagrindai

Abstract

The article "Death Penalty and Other Fundamentals of the Legal Deprivation of Life" reviews a part of fundamentals of legal deprivation of life existing at the present moment. The author, analyzing the death penalty, self-defense, necessity etc. aimed at revealing differences and similarities of the fundamentals of the legal deprivation of life. The author pointed out that all the fundamentals of the legal deprivation of life, mentioned in the article, differ in aims and partially in consequences. Self-defense, for instance, prevents the criminal actions, and the necessity strives to avoid possible damage or to eliminate danger. All the above mentioned fundamentals of the legal deprivation of life, including the death penatly, carry several common features: 1) possible deprivation of life; 2) life is deprived legally (except the euthanasia); 3) the defence of the important social interests is assured. Considering all the fundamentals of the legal deprivation of life, the death penatly is notable for it’s senselessness. At the moment, the death penatly is the means of psychological pressure, creating an illusion of security feeling to the society, as it does not correspond with the aims of the punishment and has no actual impact on the crime rate. Evaluating the circumstances mentioned in the article, the author makes a supposition, that a contradiction to the certain constitutional norm, in fact, is not essential in solving the necessity of the existence of certain fundamentals of the legal deprivation of life. The fact of the contradiction can only be a formal basis terminating the existence of the separate fundamental of the legal deprivation of life. The necessity of exsitence is mostly based on the logic validity and sense of the fundamental of the legal deprivation of life.