This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible to provoke a person (...) without any active enticement or instigation to engage in criminal activity. This could be regarded as passive, indirect type of entrapment. The gist of the latter – creating the effect of minimum risk, meaning that a person, without any active enticement or instigation to engage in criminal activity, is acting in the course of a simulated situation, by thinking that the criminal activity he or she is committing will never be discovered by law enforcement authorities. The identification of passive entrapment is quite complicated, as it requires the precise assessment of the relation between the conduct of law enforcement authorities, the criminal and the criminal act, by using subjective and objective criteria. (shrink)

This article refers to the main features of contemporary criminality in Lithuania. The period of analysis of those main features is 2004-2011. From 2004, a period of stable state registration of criminality, i.e. a period without significant changes in criminal laws commenced. The article deals with the analysis of spreading criminality in Lithuania, and the main socio-demographical features of persons charged with criminal offences. The registered number of criminal offences in 2011 decreased by about 15%, compared to 2004. The largest (...) decrease was recorded in 2007. Yet during the economic crisis, after 2007, the number of registered criminal offences slightly increased, however, as has already been mentioned, the registered number of criminal offences in 2011 was 15% less. Nevertheless, we must bear in mind that the changes in criminality came two-three years after certain social changes, in this case – the economic crisis. The characteristic features of the contemporary criminality in Lithuania are: the tendency of decrease in violent crimes (homicides, rapes, serious bodily injuries). During the researched period, the number of homicides decreased by 39%, of serious bodily harms – by 56%; and of rapes and attempts – by 26.5%. Another tendency is the decrease in property crimes. The most widespread property crime is theft. The registered number of thefts decreased by 25%. Among them, the registered number of car thefts decreased the most – by 65%; and the decrease of domestic burglaries amounted to 55.5%. The registered number of robberies decreased by 53%. During the researched period, destruction of or damage to property and swindling – their registered number – increased by 80% and 92% respectively. In the countries with much more developed market economy than in Lithuania (e. g. in Scandinavian countries), the indicators of those crimes are 2 to 3 times higher. This means, firstly, that in future the number of those crimes in Lithuania will increase; secondly, the decrease in violent crimes and the increase of swindling means that market economy in Lithuania has become more developed than before. In Lithuania, the number of persons charged with criminal offences during the researched period tended to decrease, but not much, only by 12%. Some socio-demographic characteristics of persons charged with criminal offences are: juveniles make up 15%; traditionally, they are men, but in contemporary criminality in Lithuania we observe a small (only by 3%) increase of women; the increase in the number of persons aged from 18 to 24 is observed, and it seems that the socio-economic situation of this age group has become more complicated; during the economic crisis in Lithuania, the number of unemployed and not studying persons increased significantly (up to 60% in the structure of all registered persons charged with criminal offences) and almost reached a problematic situation that existed during the transitional period from socialist economy to market economy, from totalitarian society to democratic society (before 2000). (shrink)

Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...) Article 6, and other international instruments, such as the Council of Europe’s Criminal Law Convention, the Council of Europe’s Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and others, do not prohibit the use of special investigative methods, provided that their use does not violate human rights. The use of special investigative methods, such as undercover agents or other undercover investigative methods, cannot in itself infringe human rights and the right to a fair trial; however, its use must have clear limits and safeguards. The recent judgements of the European Court of Human Rights regarding the use of undercover agents confirm that the use of undercover agents in certain types of cases is often unavoidable and also very problematic, because the Court imposes on the member states of the Convention increasingly wider obligations. Partly this is determined by the fact that the current jurisprudence of the Court is still in the state of formation, therefore many questions are left unanswered. (shrink)

The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first 3.192 Article (...) paragraph of the Civil Code of the Republic of Lithuania, and the responsibility for avoiding to maintain a child is provided in Article 164 of the Criminal Code. The article discusses the fact that the analysis of criminal law rate is not precise enough. Article 164 of the Criminal Code does not match with the child maintenance methods specified in the CC Article 3.196 paragraph 1. Since criminal liability is only for judgment in default in civil cases, a person shall only be liable for breaking the right to maintain a child, provided in the CC 3.196 paragraph 1. This article deeply analyzes the problematic qualification aspects of the avoidance to maintain a child. Some alternative ways of child maintenance are mentioned, as can be chosen from other law instruments (bailiffs, Guarantee child support fund) and it leads to the ultima ratio principle. On the other hand, it is not required to seek alternative remedies for affected interests, and it is possible to initiate a pre-trial investigation. Therefore, this article seeks to identify specific civil and criminal law rules delimitation. Avoidance of child maintenance is an ongoing crime. The main problem in legal practice is to determine an end of this ongoing criminal conduct. The practice of the Supreme Court of Lithuania is not unanimous. In some cases, the end of this ongoing conduct is considered to be a moment when the past judgment has entered into force, in other cases – the moment of indictment. These positions are criticized by many authors and it is suggested to follow the Supreme Court’s practice, according to which the moment when a judgment of conviction for the criminal act is passed should be considered as an end of an ongoing criminal conduct. (shrink)

Tendencies of organized crime in the context of economical crisis are dealt in the article. The author shows his own position about the economical crisis and how it influenced organized crime in Lithuania. The reasons of economical crisis, characteristics and peculiarities of crimes of organized groups, which operate in Lithuania, are discussed in the article. The author reveals specific features, which enable to evaluate the real influence of organized groups to the economical state of Lithuania.