Nepilnamečių atleidimo nuo baudžiamosios atsakomybės pagrindai /

Minors are different from adults in their social maturity, life experience, biological development, and impulse control, so they need exceptional peculiarities of criminal responsibility. Exemption from criminal liability is an alternative form of criminal justice for minors, not by punishing but by imposing educational measures to seek to help change their behavior. The aim of the work is to establish the criminal acts, circumstances, and motives of cases in which a minor is released from criminal liability and to learn the court's arguments not to exempt a minor from criminal liability and to convict him by imposing a penalty. It is disclosed that in order for a minor to be granted exemption from criminal liability on special grounds (Article 93 of the CC), the minor must satisfy the strict two mandatory and one of the four alternative conditions, which reduces the scope of the Institute. Exemption on general grounds raises the issue of whether such practice should be used, as there is a special ground for exempting minors from criminal liability. It is generally considered that exemption on general grounds occurs when there is no possibility of exempting a minor from criminal liability on special grounds. Method of investigation: analysis of the content of court sentences. The results of the investigation reveal that court practice does not treat the circumstances of the case in the same way, particularly in the context of the previous exemption from criminal liability, which is used as a motivation not to exempt the minor again, while in other cases it does not create problems for the institute to be used for the second time. It is also noted that in almost all cases when minors are on trial for the first time, even if they are not exempt from criminal liability, attempt is made to impose educational measures in other ways (by imposing restriction of liberty or suspension of sentence).

Grantor dc:publisher

Institutional Repository of Vilnius University

Year dc:date

2024

Author dc:creator

• Orlovas, Ervinas,

Statement dc:rights

• info:eu-repo/semantics/openAccess

Language dc:language

lit

Repository record dc:identifier

https://repository.vu.lt/VU:ELABAETD210642791&prefLang=en_US

OAI identifier oai:identifier

oai:vu.lt:elaba:210642791