Atviroji vagystė ir jos kvalifikavimo ypatumai
LTReikšminiai žodžiai: Atviroji vagystė; Overt theft.
ENThe article focuses on understanding the Overt theft as one of the aggravating elements of the theft stipulated in Part 2 of Article 178 of the Criminal Code of Lithuania. The content of Overt theft is presented. Moreover, the authors show the difficulties of the Criminal law concerning the aggravated theft enforcement in judicial practice; evaluate the expediency of the Overt theft defined by the Criminal law as aggravating one, discusses the issue of judicial problems relating to the Overt theft. On the basis of the analysis performed in the article, the authors propose to define Overt theft as the theft that is carried out at the place of the offence in the presence of the foreign person of offender who observes the presence of theft, perceives the essence of the action of the offender, shows the offender that he is aware of the stealing, and the offender aware of acting openly. In accordance with the analysis of the practice of the courts and the theory of the criminal law the authors also concluded that the Secret theft turns into the Overt theft, if the offender is detected by foreign person while stealing, does not refuse to steal; the Overt theft turns into the robbery, if the offender during the incomplete theft uses the violence in order to steal. Moreover, the authors indicate that in the light of the fact that the stipulating the Overt theft as one of the aggravating elements of the theft will not achieves the objectives; as well as does not affect the degree of danger of the theft; it shall be proposed to abolish it. [From the publication]
