Vagystės baigtumo nustatymo problemos Lietuvos Respublikos teismų praktikoje

LTStraipsnyje nagrinėjamas dažniausiai padaromos nusikalstamos veikos nuosavybei - vagystės baigtumo nustatymas. Pateikiama pagrobimo samprata, analizuojamas atskirų vagystės rūšių baigtumas ir kvalifikavimo Lietuvos Respublikos teismų praktikoje problemos. Nurodoma nusikaltimo baigtumo praktinė reikšmė. [Iš leidinio]

ENArticle is devoted to analysis of the complete theft. After coming to the conclusion of the conception of stealing author offers the preferable solution that full theft is complete when a culprit appropriates property of another, that means to enquire a real capability to possess, use or dispose another's property according to actor's will. In deciding whether a culprit has such a capability or not the author proposes to evaluate circumstances as follows: the object of theft, the intention of the culprit, the mental apprehension of the situation, the place where the object of theft was found, the manner in which a theft was made and so on. That's why sometimes the full theft is complete as soon as the taking occurs, in other cases to allege complete theft requires better strengthening the possession of the taken property. The latest it happens when a thief provides a new security for the property. The author also emphasizes that not airways the factual disposal of taken property means real capability to possess, use or dispose another's property according to actor's will and at the same time it doesn't mean that full theft is committed. Moreover, it doesn't' t matter whether a culprit has used the obtained real capability to possess, use or dispose another's property according to his will or not, the sufficient for full theft is that he has had such a capability. The author provides the practical value of complete theft as well. First of all, full theft is more serious offence than attempted theft. That's why the penalty for complete theft is higher. Besides when full theft is committed the factual usage and disposal of the appropriated property by the thief doesn't require an additional charge. Moreover, there is no voluntary rejection, complicity and theft can't amount to robbery after the theft has been completed. [From the publication]