Vytautas Magnus University Research Management System (VDU CRIS)





3. Mokslo žurnalai / Research Journals

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  • Item type:Publication,
    Kai kurie vagystės kriminalizavimo probleminiai aspektai Lietuvos ir kitų užsienio šalių baudžiamuosiuose įstatymuose
    [Criminalization of problematic aspects of theft in the criminal laws of Lithuania and other countries]
    research article[2020][S4][S001][20]
    Vosyliūtė, Andželika
    ;
    Teisės apžvalga / Law Review, 2020, no. 2(22), p. 40-59

    Article is aimed to analyze theft, as it is foreseen in Article 178 (theft) of The Criminal Code of the Republic of Lithuania. The aimof this study is to reveal the advantages and disadvantages of criminalizing theft in Lithuanian criminal law and to submit proposals to the legislator regarding adding and amending features of the act. In order to achieve these goals, the following tasks are set: to provide a historical overview of the criminalization of theft, to perform a detailed analysis of the criminalization of theft in the criminal laws of Lithuania and other countries, to submit proposals to the legislator of the Republic of Lithuania regarding the establishment of a certain subjective features of theft, to find out whether it is necessary to expand the subject matter of the theftinLithuanian criminal law. While trying to evaluate the current legal regulation established in the CC of Lithuania, at the same time the authors examine the criminal laws of other countries (Germany, Poland, Hungary, France, etc.)In their article, the authors also examine the identification of objective and subjective features in criminalizing theft. The authors point out that, for example, criminalization of theft in criminal law, in some countries, including Lithuania, name propertyof another(Latvia, Estonia, Poland, Russia, Italy, Australia, England) as theft, others a objectof another(Germany, Hungary, France, Turkey), and still others (Canada and England) use a broader term to define the subject of theft -money, any other movable and immovable property, as well as the right of claim and other intangible property. Moreover, the authors point out that subjective features (motive and purpose) in criminalizing theft are not enshrined in Article 178 of the CC of Lithuania. Meanwhile, the criminal laws of some foreign countries also define theft as a sign of selfishness -seeking to obtain(material) benefits [...].

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