Savavaldžiavimo nusikaltimo sudėties didelės žalos asmens teisėms ar teisėtiems interesams požymis

ENA criminal responsibility for an act of arbitrariness can be incurred only after it is established that by such an act a person has made major damage to an aggrieved individual’s rights or lawful interests. But so far, the aforementioned element has been detailed neither by the penal law, nor by judicial practice. Therefore, the present article aims at analyzing the element of major damage to personal rights or lawful interests in the act of arbitrariness. The article consists of two parts. The first part analyzes the character of the major damage to personal rights or lawful interests by presenting the criteria, which particular damage to personal rights or lawful interests should be considered major; and the second part focuses on, whether the major damage to personal rights or lawful interests is a necessary element in qualified corpus delicti of arbitrariness. After making the research, the following conclusions are drawn: By an act of arbitrariness property, as well as non-property damage may be caused. Both, property and non-property damage can and must be expressed in monetary value, therefore the article suggests considering a major non-property or property damage such a damage, which exceeds 150 Basic Social Benefits (hereinafter – "BSBs") or LTL 19,500, and any damage caused not exceeding 150 BSBs may be acknowledged as major and incur criminal responsibility for acts of arbitrariness only in exceptional cases, when such acts of arbitrariness violate other important tangible and intangible benefits protected by the penal law, or when the damage is caused to an aggravated person by especially rough, intimidating or aggressive and humiliating offender’s act manifested in a few episodes. [From the publication]