Neteisėto elektroninės mokėjimo priemonės ar jos duomenų panaudojimo kvalifikavimo problemos

Abstract

In this article, author presents the Lithuania’s legal analysis of classification of criminal offenses theory and arguments that it is incomplete in various forms. Although in this article the majority of this theory is applied on explaining the offenses concerning electronical means of payment in the overlap between the ideal of fraud articles, emphasizing the Lithuania’s criminal code and Supreme Courts rulings theory in these cases. The author finds, that it is unnecessary to imply the fraud article in the overlap between electronical means of payment in such crimes, because this article itself incorporates the conception of fraud meaning. Explaining this theory the author emphasizes that the electronical means of payment crimes are specific criminal offenses, because they’re done through the electronical system. The author proves this theory on the basis of Lithuanian theory of criminal law and finds that the legislator is not consistant in defining the concepts of initiation and execution in these criminal offenses. The author suggests that the execution concept includes the fraud article in property possession. The offense stages proves that the execution offense must be a finished crime when the execution takes effect. Finished crime is when one executes a cash payment on an electronical system, the ATM or internet banking account systems get the only option to pay money or make an order. If one’s act ceases to proceed during the interval when system is executing the query, this can be defined as an attempt to accomplish a criminal act. Therefore the execution concept defines a different composition of the article and must be defined in a different part which should include the small and high value of property violation.