Pub Date : 2022-10-19DOI: 10.15388/crimlithuan.2021.9.7
Gintautas Sakalauskas, V. Kalpokas, Jolita Buzaitytė-Kašalynienė, Birutė Švedaitė-Sakalauskė
In the article manifestations of registered juvenile delinquency, its‘ structure and tendencies in Lithuania are analyzed, Lithuanian indicators are also compared with the indicators of other European countries. The comparative study shows large differences in registered juvenile delinquency, which are primarily determined by different scopes of criminalization of delinquency, different intensity of formal control, as well as different rules for registering juvenile delinquency. The absolute indicators of registered juvenile criminal offences in Lithuania have been decreasing for the past two decades, and the relative indicators of registered juvenile criminal behavior have also been consistently decreasing for the last five years. 2020–2021 the number of administrative offenses committed by minors in Lithuania also decreased, which is primarily associated with restrictions in public life introduced due to the COVID-19 pandemic. Serious violent crimes by minors, characterized by low latency, are often widely described in the media, and constitute a small part of the structure of crimes committed by minors in Lithuania, and the number of murders is consistently decreasing – in 2021 it was the smallest during the entire period of independent Lithuania – only one murder was registered. After completing this study, it can be said that the indicators of registered juvenile delinquency compared to other countries should be seen first of all as an output of the juvenile behavior control mechanisms operating in each country, which tells little about the real extent of juvenile delinquency. The minor juvenile delinquency is more latent and its rates should be first evaluated. Cases of serious delinquency are characterized by a much lower latency, but in this case too, in order to compare registered delinquency, it is necessary to simultaneously assess complex differences in criminal prosecution between countries.
{"title":"International comparison of manifestations and tendencies of registered juvenile delinquency in Lithuania","authors":"Gintautas Sakalauskas, V. Kalpokas, Jolita Buzaitytė-Kašalynienė, Birutė Švedaitė-Sakalauskė","doi":"10.15388/crimlithuan.2021.9.7","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.7","url":null,"abstract":"In the article manifestations of registered juvenile delinquency, its‘ structure and tendencies in Lithuania are analyzed, Lithuanian indicators are also compared with the indicators of other European countries. The comparative study shows large differences in registered juvenile delinquency, which are primarily determined by different scopes of criminalization of delinquency, different intensity of formal control, as well as different rules for registering juvenile delinquency. The absolute indicators of registered juvenile criminal offences in Lithuania have been decreasing for the past two decades, and the relative indicators of registered juvenile criminal behavior have also been consistently decreasing for the last five years. 2020–2021 the number of administrative offenses committed by minors in Lithuania also decreased, which is primarily associated with restrictions in public life introduced due to the COVID-19 pandemic. Serious violent crimes by minors, characterized by low latency, are often widely described in the media, and constitute a small part of the structure of crimes committed by minors in Lithuania, and the number of murders is consistently decreasing – in 2021 it was the smallest during the entire period of independent Lithuania – only one murder was registered. After completing this study, it can be said that the indicators of registered juvenile delinquency compared to other countries should be seen first of all as an output of the juvenile behavior control mechanisms operating in each country, which tells little about the real extent of juvenile delinquency. The minor juvenile delinquency is more latent and its rates should be first evaluated. Cases of serious delinquency are characterized by a much lower latency, but in this case too, in order to compare registered delinquency, it is necessary to simultaneously assess complex differences in criminal prosecution between countries.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41415221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-07DOI: 10.15388/crimlithuan.2021.9.6
Salomėja Zaksaitė
In this article, the works of cinema director Lars von Trier are invoked as an instrument to explain various criminological theories. Mostly, the approach of cultural criminology is applied as well as other perspectives: dramaturgical-existential approach, peacemaking, and (anti)positivism. Both because of the topics presented (such as transgressing and questioning the socially acceptable norms, violence, fear, humiliation, deviant sexuality, despair, etc.) and the methodology of the filmmaking process, the self-labelled ‘best director in the world’ can be quite rightly described as one of the most thought-provoking criminologists in Europe. Paradoxically, ideas presented in his films, though seemingly violent and destructive, might be inspirational for those who seek peace and enlightenment.
{"title":"Violence, Pregnant with Peace: Criminological Reading of Lars von Trier","authors":"Salomėja Zaksaitė","doi":"10.15388/crimlithuan.2021.9.6","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.6","url":null,"abstract":"In this article, the works of cinema director Lars von Trier are invoked as an instrument to explain various criminological theories. Mostly, the approach of cultural criminology is applied as well as other perspectives: dramaturgical-existential approach, peacemaking, and (anti)positivism. Both because of the topics presented (such as transgressing and questioning the socially acceptable norms, violence, fear, humiliation, deviant sexuality, despair, etc.) and the methodology of the filmmaking process, the self-labelled ‘best director in the world’ can be quite rightly described as one of the most thought-provoking criminologists in Europe. Paradoxically, ideas presented in his films, though seemingly violent and destructive, might be inspirational for those who seek peace and enlightenment.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42810937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-10DOI: 10.15388/crimlithuan.2021.9.5
Rimantė Gaičevskytė-Savickė
Media has the power not only to determine the main issues, but also to reflect crime statistics. It’s common that fear of crime is constructed using eye-catching headlines and sensational narratives. This is especially the case when the crime is committed by women. In addition to its main aim - to examine how deviant women are portrayed - the article also focuses on the evolution of crime news, analyses female crime data and its treatment on the Lithuanian news portal DELFI.
{"title":"Deviant Women in the Media: Between Reality and Fiction","authors":"Rimantė Gaičevskytė-Savickė","doi":"10.15388/crimlithuan.2021.9.5","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.5","url":null,"abstract":"Media has the power not only to determine the main issues, but also to reflect crime statistics. It’s common that fear of crime is constructed using eye-catching headlines and sensational narratives. This is especially the case when the crime is committed by women. In addition to its main aim - to examine how deviant women are portrayed - the article also focuses on the evolution of crime news, analyses female crime data and its treatment on the Lithuanian news portal DELFI.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44654731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-08DOI: 10.15388/crimlithuan.2021.9.4
Sigita Černevičiūtė
This article calls into question the reliability of the official historical statistical sources of homicides in 1920s-1930s Lithuania and aims to evaluate the limitations of the mentioned sources. With this in mind, we will attempt to make some assumptions about homicide types and trends in interwar Lithuania. The Central Statistical Bureau had been publishing statistical data relevant to the investigation of homicides in Statistical Bulletins and the Statistical Yearbooks of Lithuania since 1924. These statistical sources in the homicide study were problematic due to an unclear data collection methodology, the use of different homicide terms, unrealistic definitions of urban and rural areas and changes in Lithuania’s territory and population. We cannot determine the exact rates of the 1930s homicides due to the change in the homicide terminology and its content. Between 1924-1931 the term violent deaths, except suicides, was used, and homicides were not singled out. The analysis also shows that until 1931 violent deaths included homicides and accidental deaths too. From 1932 to 1939 violent deaths were divided into 4 groups: suicide, homicide, accidents and other violence. The more detailed data of the 1930s have revealed that the most frequent victims of homicide were in the 15-29 and 29-44 age groups for men, while the 15-29 age group stands out for females. The most common method of killing was shooting. The police-published homicide statistics also reveal a problem of terminology. According to the Penal Statute of Lithuania, deprivation of life was distinguished into the crimes of homicide; infanticide; abortion; preparation to murder; attempted murder and persuasion and help to commit suicide. However, this terminology was only partially reflected in the police statistics, as between 1927-1930 the police used the term homicides and classified them into the ones committed: for-profit; during brawls; for other purposes. Infanticide was separated from homicides. Leaving out others, infanticide was the most common murder type in interwar Lithuania. Since 1931 the statistics of the police had been using the term of deprivation of life and distinguished it into the 7 types according to the motive: for-profit; during brawls; defending one’s own life or the lives of others; involuntary; infanticide; abortion and for other purposes. It did not include dead bodies found, suicides and accidental deaths. After analysing the 1931-1938 data on deprivation of life, excluding abortions, homicides would vary from 200 to 300 per year. When comparing all the deprivations of life with homicides by the cause of death, it can be concluded that these figures included preparation for murder and attempted murder as well as persuasion and help to commit suicide. Thus, due to the change in the terminology and the inclusion of attempted murders, the police statistics can be considered unreliable. Homicides are the most precisely quantitatively defined by the rates of
{"title":"Homicide Trends and Types in 1920s-1930s Lithuania: Limitations of Official Statistics","authors":"Sigita Černevičiūtė","doi":"10.15388/crimlithuan.2021.9.4","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.4","url":null,"abstract":"This article calls into question the reliability of the official historical statistical sources of homicides in 1920s-1930s Lithuania and aims to evaluate the limitations of the mentioned sources. With this in mind, we will attempt to make some assumptions about homicide types and trends in interwar Lithuania. The Central Statistical Bureau had been publishing statistical data relevant to the investigation of homicides in Statistical Bulletins and the Statistical Yearbooks of Lithuania since 1924. These statistical sources in the homicide study were problematic due to an unclear data collection methodology, the use of different homicide terms, unrealistic definitions of urban and rural areas and changes in Lithuania’s territory and population. We cannot determine the exact rates of the 1930s homicides due to the change in the homicide terminology and its content. Between 1924-1931 the term violent deaths, except suicides, was used, and homicides were not singled out. The analysis also shows that until 1931 violent deaths included homicides and accidental deaths too. From 1932 to 1939 violent deaths were divided into 4 groups: suicide, homicide, accidents and other violence. The more detailed data of the 1930s have revealed that the most frequent victims of homicide were in the 15-29 and 29-44 age groups for men, while the 15-29 age group stands out for females. The most common method of killing was shooting. The police-published homicide statistics also reveal a problem of terminology. According to the Penal Statute of Lithuania, deprivation of life was distinguished into the crimes of homicide; infanticide; abortion; preparation to murder; attempted murder and persuasion and help to commit suicide. However, this terminology was only partially reflected in the police statistics, as between 1927-1930 the police used the term homicides and classified them into the ones committed: for-profit; during brawls; for other purposes. Infanticide was separated from homicides. Leaving out others, infanticide was the most common murder type in interwar Lithuania. Since 1931 the statistics of the police had been using the term of deprivation of life and distinguished it into the 7 types according to the motive: for-profit; during brawls; defending one’s own life or the lives of others; involuntary; infanticide; abortion and for other purposes. It did not include dead bodies found, suicides and accidental deaths. After analysing the 1931-1938 data on deprivation of life, excluding abortions, homicides would vary from 200 to 300 per year. When comparing all the deprivations of life with homicides by the cause of death, it can be concluded that these figures included preparation for murder and attempted murder as well as persuasion and help to commit suicide. Thus, due to the change in the terminology and the inclusion of attempted murders, the police statistics can be considered unreliable. Homicides are the most precisely quantitatively defined by the rates of ","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42345865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Stalking is considered a serious public health problem as well as a harmful form of victimization often leading to severe consequences for the victim. Although there is still little agreement on the exact definition of stalking, it has been recognized that the core elements of stalking include deliberateness and recurrence of the stalker’s actions as well as victim fear and concern for safety. The main purpose of this article is to debate on the definition of stalking as well as provide the rates of stalking in Lithuania. Authors conclude that stalking refers to a constellation of a diverse range of actions and may include both direct communication with the victim and the use of cyberspace technologies. A rapid development of modern digital technologies leads to a wide variety of complex stalking behavior patterns that makes it complicated to generate an adequate legal response to this phenomenon. The results of a public survey conducted by a research group from the Law Institute of the Centre for Social Sciences in 2021 show that the rates of stalking in Lithuania are comparable to those reported in foreign studies as 17.5% of Lithuanian population have experienced stalking at least once during their lifetime. Stalking by the current or former intimate partner was the most prevalent stalking category, as it comprised nearly 39% of all stalking cases in the state. The article also covers some aspect of court practices in stalking-related cases during the period from 2016 to 2020, before anti-stalking legislation was introduced in Lithuania. By year 2021, when stalking was criminalized in Lithuania, 23 European Union member countries have managed to develop criminal anti-stalking legislation. Another aim of this article is to discuss the way criminal anti-stalking legislation was introduced in Lithuania and compare Lithuanian approach to the legal provisions enacted in other countries. Authors conclude that although the introduction of criminal anti-stalking legislation in Lithuania was an important step towards ensuring victims’ safety, it still may possibly lead to some practical issues during the criminal investigation of stalking cases.
{"title":"The criminalization of stalking and characteristics of court practices in stalking cases in Lithuania","authors":"Ilona Laurinaitytė, Ilona Michailovič, Liubovė Jarutienė, Justina Zokaitė","doi":"10.15388/crimlithuan.2021.9.3","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.3","url":null,"abstract":"Stalking is considered a serious public health problem as well as a harmful form of victimization often leading to severe consequences for the victim. Although there is still little agreement on the exact definition of stalking, it has been recognized that the core elements of stalking include deliberateness and recurrence of the stalker’s actions as well as victim fear and concern for safety. The main purpose of this article is to debate on the definition of stalking as well as provide the rates of stalking in Lithuania. Authors conclude that stalking refers to a constellation of a diverse range of actions and may include both direct communication with the victim and the use of cyberspace technologies. A rapid development of modern digital technologies leads to a wide variety of complex stalking behavior patterns that makes it complicated to generate an adequate legal response to this phenomenon. The results of a public survey conducted by a research group from the Law Institute of the Centre for Social Sciences in 2021 show that the rates of stalking in Lithuania are comparable to those reported in foreign studies as 17.5% of Lithuanian population have experienced stalking at least once during their lifetime. Stalking by the current or former intimate partner was the most prevalent stalking category, as it comprised nearly 39% of all stalking cases in the state. The article also covers some aspect of court practices in stalking-related cases during the period from 2016 to 2020, before anti-stalking legislation was introduced in Lithuania. By year 2021, when stalking was criminalized in Lithuania, 23 European Union member countries have managed to develop criminal anti-stalking legislation. Another aim of this article is to discuss the way criminal anti-stalking legislation was introduced in Lithuania and compare Lithuanian approach to the legal provisions enacted in other countries. Authors conclude that although the introduction of criminal anti-stalking legislation in Lithuania was an important step towards ensuring victims’ safety, it still may possibly lead to some practical issues during the criminal investigation of stalking cases.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46089642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-14DOI: 10.15388/crimlithuan.2021.9.2
A. Donaldson
Post-war Scotland remained a deeply patriarchal country. Domestic abuse was common yet widely under-reported by the women it affected. This article argues that police and criminal justice agencies in Scotland 1960–1990 were ‘working patriarchies’ which created significant barriers to reporting. Oral history narratives from domestic abuse survivors, police and criminal justice professionals reveal deeply patriarchal workplaces and practices designed to maintain longstanding traditions of the patriarchal family. These inhibited reporting, denied women access to safety and justice in private life and contributed to women’s continuing inequality in post-war Scottish society.
{"title":"Working patriarchies? Police and criminal justice responses to domestic abuse in Scotland 1960–1990","authors":"A. Donaldson","doi":"10.15388/crimlithuan.2021.9.2","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.2","url":null,"abstract":"Post-war Scotland remained a deeply patriarchal country. Domestic abuse was common yet widely under-reported by the women it affected. This article argues that police and criminal justice agencies in Scotland 1960–1990 were ‘working patriarchies’ which created significant barriers to reporting. Oral history narratives from domestic abuse survivors, police and criminal justice professionals reveal deeply patriarchal workplaces and practices designed to maintain longstanding traditions of the patriarchal family. These inhibited reporting, denied women access to safety and justice in private life and contributed to women’s continuing inequality in post-war Scottish society.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41631684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-27DOI: 10.15388/crimlithuan.2021.9.1
Maryja Šupa
Social research about online crime is a multi-disciplinary field addressing a wide array of topics since its inception in the 1980s. Based on a broad review of state-of-the-art literature and gaps identified in review publications (Holt, Bossler 2014; Stratton, Powell, Cameron 2017; Maimon, Louderback 2019, and others), in this paper I outline 41 key topic in social research about online crime, classified into four broad categories: 1) research focusing on specific types of online crime, 2) research about perpetrators, victims, and law enforcement, 3) research about online crime discourses and public perceptions, 4) research putting the local and global specifics of online crime into perspective. Based on the topic map, I undertook a systematic review of literature on research about online crime published in Lithuania from the empirical social scientific perspective. The results show that very few such studies are carried out in Lithuania. From 2004 to 2020, 26 publications have been found in total. 10 of them were theoretical briefs, while 16 were based on empirical data. Out of the 41 key topic, 14 were covered in the publications, while 29 or roughly two thirds remained unaddressed. The dominant contributors were legal scholars writing about the social aspects of online crime across a variety of topics, and mostly focusing on specific crime types. The most developed topic was cyberbullying, with contributions by scholars mostly from the fields of psychology and education. To fill in these glaring gaps, it is vital to develop this field of research with an emphasis on both wider and deeper research agendas, complex, valid and reliable research data and critical theoretical approaches, inviting systematic contributions from criminology, sociology, communication and media studies, and political science.
{"title":"Social Research about Online Crime: Global Range of Topics and a Systematic Analysis of Research in Lithuania","authors":"Maryja Šupa","doi":"10.15388/crimlithuan.2021.9.1","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.1","url":null,"abstract":" Social research about online crime is a multi-disciplinary field addressing a wide array of topics since its inception in the 1980s. Based on a broad review of state-of-the-art literature and gaps identified in review publications (Holt, Bossler 2014; Stratton, Powell, Cameron 2017; Maimon, Louderback 2019, and others), in this paper I outline 41 key topic in social research about online crime, classified into four broad categories: 1) research focusing on specific types of online crime, 2) research about perpetrators, victims, and law enforcement, 3) research about online crime discourses and public perceptions, 4) research putting the local and global specifics of online crime into perspective. Based on the topic map, I undertook a systematic review of literature on research about online crime published in Lithuania from the empirical social scientific perspective. The results show that very few such studies are carried out in Lithuania. From 2004 to 2020, 26 publications have been found in total. 10 of them were theoretical briefs, while 16 were based on empirical data. Out of the 41 key topic, 14 were covered in the publications, while 29 or roughly two thirds remained unaddressed. The dominant contributors were legal scholars writing about the social aspects of online crime across a variety of topics, and mostly focusing on specific crime types. The most developed topic was cyberbullying, with contributions by scholars mostly from the fields of psychology and education. To fill in these glaring gaps, it is vital to develop this field of research with an emphasis on both wider and deeper research agendas, complex, valid and reliable research data and critical theoretical approaches, inviting systematic contributions from criminology, sociology, communication and media studies, and political science.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44081282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-06DOI: 10.15388/crimlithuan.2020.8.2
Skirmantas Bikelis
The internationally acknowledged need for effective legal measures against illicit enrichment that is perceived as the key policy tool against organised crime and corruption triggered rapid developments in the variety of those legal measures. Lithuania may serve as a sole-standing example of a jurisdiction that enacted a great variety of legal strategies against illicit enrichment – criminal liability both for money laundering and illicit enrichment and also extended powers of confiscation, civil confiscation and tax fines for unexplained income. This diversity of measures leads to the issue of competition arising between them and also carries the risk that measures may be used repeatedly and arbitrarily against persons and their property.The paper focuses on the issue of the legitimacy of repeated investigation and assessment of suspicious assets in civil confiscation proceedings and extended powers of confiscation.The analysis is divided into two parts where fundamentally different legal situations are discussed. In the first situation, repeated assessment of the origin of the assets takes place in proceedings of similar legal nature (proceedings aiming to restore legal order). The second situation appears where reassessment takes place in proceedings of a different nature – in the restorative proceedings after failure to prove the illicit origin of the assets in the punitive proceedings.While the first situation rather clearly falls within the scope of the principle of legal certainty and the rule res judicata that prohibit repeated proceedings for the same issue in the same circumstances against the same person, the second situation is more open to debate. Punitive proceedings use the standard of proof beyond reasonable doubt and the presumption of innocence is in play. These safeguards are designed to protect defendants from unfounded conviction, but they may be considered excessive for other legal issues such as the recovery of damages or the proceeds of illicit activities. In addition, in the context of civil confiscation, public interest in effective protection from organised crime and corruption comes into play. Therefore, there are strong arguments for giving priority to public safety over the principle of legal certainty that would protect defendants from repeated assessment of their assets in other proceedings with a lower standard of proof or even the reversed presumption of the illegality of unexplained wealth.Finally, the paper addresses the question of whether extended powers of confiscation qualify for restorative or punitive proceedings. The answer to this question is the key argument of whether civil confiscation proceedings can legitimately follow criminal proceedings where the court failed to confiscate the assets on the grounds of extended powers of confiscation. The paper argues that extended powers of confiscation are of a restorative nature. Therefore, when assets have already been investigated in proceedings of civil con
{"title":"Repeated proceedings against suspected illicit wealth – justifiable protection of public interest or violation of human rights?","authors":"Skirmantas Bikelis","doi":"10.15388/crimlithuan.2020.8.2","DOIUrl":"https://doi.org/10.15388/crimlithuan.2020.8.2","url":null,"abstract":"The internationally acknowledged need for effective legal measures against illicit enrichment that is perceived as the key policy tool against organised crime and corruption triggered rapid developments in the variety of those legal measures. Lithuania may serve as a sole-standing example of a jurisdiction that enacted a great variety of legal strategies against illicit enrichment – criminal liability both for money laundering and illicit enrichment and also extended powers of confiscation, civil confiscation and tax fines for unexplained income. This diversity of measures leads to the issue of competition arising between them and also carries the risk that measures may be used repeatedly and arbitrarily against persons and their property.The paper focuses on the issue of the legitimacy of repeated investigation and assessment of suspicious assets in civil confiscation proceedings and extended powers of confiscation.The analysis is divided into two parts where fundamentally different legal situations are discussed. In the first situation, repeated assessment of the origin of the assets takes place in proceedings of similar legal nature (proceedings aiming to restore legal order). The second situation appears where reassessment takes place in proceedings of a different nature – in the restorative proceedings after failure to prove the illicit origin of the assets in the punitive proceedings.While the first situation rather clearly falls within the scope of the principle of legal certainty and the rule res judicata that prohibit repeated proceedings for the same issue in the same circumstances against the same person, the second situation is more open to debate. Punitive proceedings use the standard of proof beyond reasonable doubt and the presumption of innocence is in play. These safeguards are designed to protect defendants from unfounded conviction, but they may be considered excessive for other legal issues such as the recovery of damages or the proceeds of illicit activities. In addition, in the context of civil confiscation, public interest in effective protection from organised crime and corruption comes into play. Therefore, there are strong arguments for giving priority to public safety over the principle of legal certainty that would protect defendants from repeated assessment of their assets in other proceedings with a lower standard of proof or even the reversed presumption of the illegality of unexplained wealth.Finally, the paper addresses the question of whether extended powers of confiscation qualify for restorative or punitive proceedings. The answer to this question is the key argument of whether civil confiscation proceedings can legitimately follow criminal proceedings where the court failed to confiscate the assets on the grounds of extended powers of confiscation. The paper argues that extended powers of confiscation are of a restorative nature. Therefore, when assets have already been investigated in proceedings of civil con","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48357817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-23DOI: 10.15388/crimlithuan.2020.8.4
F. Dünkel, B. Geng, D. Passow, Gintautas Sakalauskas
Taking together all the evidence on the aetiology, development and differential processes of delinquent behaviour from childhood to adulthood, we dispose of important new evidence from the neurosciences, which, compared to traditional criminological, developmental, psychological and sociological evidence, increases our capacity to explain the age-crime curve. In particular, the right-hand side of the curve, indicating desistance from crime in young adulthood between the ages of 18 and 25, can be based on new insights from neuroscientific research on brain maturation and the development of self-control mechanisms. As a result, new questions about judicial reactions and interventions must be raised. If an individual’s brain is fully matured only in the mid-twenties, general criminal law is possibly inappropriate, and a specific youth or young-adult criminal law reflecting the transitional processes and the diminished culpability of young-adult offenders should rather be applied. In many European jurisdictions, the scope of youth justice has been extended upwards to 18–20 year-old adults, in the Netherlands even up to 22 years of age, a political decision affecting criminality and based on new neuroscientific evidence.
{"title":"Neuroscience findings on brain maturation – arguments for the exclusive criminal liability of young people","authors":"F. Dünkel, B. Geng, D. Passow, Gintautas Sakalauskas","doi":"10.15388/crimlithuan.2020.8.4","DOIUrl":"https://doi.org/10.15388/crimlithuan.2020.8.4","url":null,"abstract":"Taking together all the evidence on the aetiology, development and differential processes of delinquent behaviour from childhood to adulthood, we dispose of important new evidence from the neurosciences, which, compared to traditional criminological, developmental, psychological and sociological evidence, increases our capacity to explain the age-crime curve. In particular, the right-hand side of the curve, indicating desistance from crime in young adulthood between the ages of 18 and 25, can be based on new insights from neuroscientific research on brain maturation and the development of self-control mechanisms. As a result, new questions about judicial reactions and interventions must be raised. If an individual’s brain is fully matured only in the mid-twenties, general criminal law is possibly inappropriate, and a specific youth or young-adult criminal law reflecting the transitional processes and the diminished culpability of young-adult offenders should rather be applied. In many European jurisdictions, the scope of youth justice has been extended upwards to 18–20 year-old adults, in the Netherlands even up to 22 years of age, a political decision affecting criminality and based on new neuroscientific evidence.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41478298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-21DOI: 10.15388/crimlithuan.2020.8.1
Ingrida Kruopštaitė, Maryja Šupa
The aim of this paper is to outline and critically analyse the ethical dilemmas faced by criminologists tasked with online community research. Online communities and online content serve as a valuable sources of criminological knowledge about online crime and deviance as well as formal and informal norm-making and means of social control. From discussion forum texts and blogs to multimedia posts in open and closed social networking groups, from visual and video materials on Instagram, Youtube, or Tiktok to organized crime group data exchanges in publicly inaccessible communication channels, there is great diversity and variety of the contents and forms of online communication enacted by online communities. Correspondingly, research projects are different – some focusing on the content as a linguistic object, others focusing on social relations, social network structure, and its ethnographic characteristics, while many fall in between. In addition, depending on the research goals and sensitivity of the research questions, researchers may opt for active interaction or passive (and sometimes covert) observation. Therefore there is no one-size-fits-all ethical solution for approaching online communities in criminology. Based on an in-depth analysis of methodological literature, the paper suggests that online community research is largely a matter of situational ethics, wherein researchers must make situation-aware ethical decisions about several key issues. In particular, they should aim to choose and provide arguments regarding: 1) expectations of publicity or privacy in publicly accessible information; 2) the need for informed consent or absence of such need; 3) ensuring balance between anonymity and authorship attribution; 4) securing collected data; and 5) correctly assessing risks to the researched individuals and communities, and the researchers themselves.
{"title":"Ethics in criminological research of online communities","authors":"Ingrida Kruopštaitė, Maryja Šupa","doi":"10.15388/crimlithuan.2020.8.1","DOIUrl":"https://doi.org/10.15388/crimlithuan.2020.8.1","url":null,"abstract":"The aim of this paper is to outline and critically analyse the ethical dilemmas faced by criminologists tasked with online community research. Online communities and online content serve as a valuable sources of criminological knowledge about online crime and deviance as well as formal and informal norm-making and means of social control. From discussion forum texts and blogs to multimedia posts in open and closed social networking groups, from visual and video materials on Instagram, Youtube, or Tiktok to organized crime group data exchanges in publicly inaccessible communication channels, there is great diversity and variety of the contents and forms of online communication enacted by online communities. Correspondingly, research projects are different – some focusing on the content as a linguistic object, others focusing on social relations, social network structure, and its ethnographic characteristics, while many fall in between. In addition, depending on the research goals and sensitivity of the research questions, researchers may opt for active interaction or passive (and sometimes covert) observation. Therefore there is no one-size-fits-all ethical solution for approaching online communities in criminology. Based on an in-depth analysis of methodological literature, the paper suggests that online community research is largely a matter of situational ethics, wherein researchers must make situation-aware ethical decisions about several key issues. In particular, they should aim to choose and provide arguments regarding: 1) expectations of publicity or privacy in publicly accessible information; 2) the need for informed consent or absence of such need; 3) ensuring balance between anonymity and authorship attribution; 4) securing collected data; and 5) correctly assessing risks to the researched individuals and communities, and the researchers themselves.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48308047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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