Crime of illicit enrichment as a threat to public security

• International network of doctoral studies in law: knygos tekstas

ENIllicit enrichment is generally considered as a corruption-related crime of a public official or a crime of a person who has habitual contacts with known criminals. In Lithuania this crime is not directly linked neither with corruption nor with organised crime, therefore the question which legal goods are protected by the criminal law which forbids such act is still open. This paper reviews two aspects of illicit enrichment as a threat to the security of society. Firstly, it analyses what legal goods are encroached by this crime, and secondly - what measures are necessary to ensure that the struggle against this harmful act would not infringe the freedoms and rights of separate individuals. The conclusion is drawed that public security is assigned to the object of illicit enrichment. It should be understood not only as a security from committing new crimes, but also as financial and economic security. It is also stated that a not significant enrichment shall not be considered as a crime, as well as enrichment because of the illegal work, hiding income from small-scale commercial activities. The origin of assets should be based not only on financial calculations, but also on data about the owner's personality, his relations, activities, sources of income and way of life. It must be ensured that a criminal process takes place strictly in accordance with the presumption of innocence. Only in this case, criminalising illicit enrichment will contribute to public security and, in the meantime, individuals will be protected from disproportionate criminal prosecution. [From the publication]