Nepilnamečių baudžiamosios atsakomybės ypatumai Lietuvos ir užsienio valstybių teisėje

Abstract

The purpose of this paper is to disclose the experience of criminal responsibility peculiarity application for juvenile analyzing their application in Lithuania and in foreign countries. Criminal responsibility is the strictest form of responsibility. It is applied for the most complicated crimes done by juvenile and which make the biggest danger for society. For this reason the court must be sure that this implement of influence will affect the juvenile, who has made the crime, the best. The main questions analyzed in the paper are as follows: how different is the responsibility for juvenile comparing to responsibility applied to majors, what are the common mistakes in the practice of courts analyzing criminal cases of juvenile and what problems are faced applying criminal responsibility for juvenile. Purpose of juvenile criminal responsibility, the main aims of punishments and educative attribution measures for juvenile are defined, application practice of juvenile of criminal responsibility peculiarities in Lithuania is analyzed, and the most common mistakes in the practice of courts and weaknesses in laws are studied. Also, criminal responsibility of juvenile in Lithuania is compared to the responsibility applied for youth in Holland, Austria and German. After performing the analysis of criminal law and court practice some mistakes and problems were established applying criminal responsibility for juvenile and the ways of solving them have been looked for. The main conclusions and suggestions due to the application of peculiarities of juvenile criminal responsibility and the improvement of regulation are presented at the paper.