Kyšio samprata

LTThe main aim of the article is to reveal the definition of a bribe, historical evolution and the development of the concept of a bribe as well as the differences between bribe and gift. The Author analyzes the concept of a bribe. In the Criminal Code of the Republic of Lithuania there is a provision that not only property but also personal benefits may constitute a bribe. The main problem of this concept is that it lacks legal certainty and it is below other principles of criminal law. Finally, the Author tries to outline the link between bribes and gifts. For example, a bribe creates an overriding obligation, a gift does not oblige. To sum up, the new criminal legislation leaves space for applying inadequate repression beyond the intended purpose. [Iš leidinio]Reikšminiai žodžiai: Baudžiamasis kodeksas; Baudžiamoji teisė; Dovana; Kyšis; Nusikalstama veika; A bribe; A gift; Bribe; Crime; Criminal Law; Criminal code.

ENThe article analyzes the practical and theoretical issues of defi nition of a bribe. The main aim of this article is to analyze the defi nition of a bribe, reveal historical evolution and the development of the concept of a bribe. Also, the article analyzes some problems raised by the defi nition of a bribe. [From the publication]