Bausmės skyrimo asmeniui, pirmą kartą teisiamam už nesunkų arba apysunkį tyčinį nusikaltimą, nuostatos Lietuvos Aukščiausiojo Teismo jurisprudencijoje

ENArticle deals with the rules for the imposition of a penalty upon a person prosecuted for the first time for a minor or less serious intentional crime (Article 55 of Criminal Code of Lithuania (further – CC)) within the system of sentencing rules and their application in jurisprudence of the Supreme Court of Lithuania. The doctrine of the criminal law provides that the imposed penalty must be proportional and right. The requirement that the penalty would be proportional is related with the attitude, that punishment (its kind and harshness) should match the dangerousness of the crime. In the authors opinion the content of the right penalty consists of the legality (only the penalty which is provided in the law could be imposed; its size should be as it provided in the law; it should be imposed by the requirements of the criminal process and etc.) and humanism (the penalty shouldn’t consist of the torment of human, with the pursuit of the travail and with the humiliation of the dignity and etc.) and individualism (the penalty and its size should be imposed to the particular person considering to his internal; it should be imposed in pursuance of the purposes of the law and etc.) and economy (should be imposed the minimal penalty for the achieve of the necessary purpose of the penalty and etc.). Individuals who have tried for the first time for the commission of the non-serious offenses would not normally be isolated from society, and sentencing policy must be focused on the growing use of non-custodial punishment. Lithuanian legislator, having regard to this principle of criminal policy postulate, provide in Article 55 of CC the rules for the imposition of a penalty upon a person prosecuted for the first time for a minor or less serious intentional crime. Lithuanian Supreme Court properly applied provisions of the Article 55 of the CC successfully completing the gaps of criminal law and deciding prob. [From the publication]