Towards coherence in criminal justice: challenges, discussions and

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Knygos / Books
Language:
Anglų kalba / English
Title:
Towards coherence in criminal justice: challenges, discussions and/or solutions
Contributors:
Publication Data:
Berlin : Peter Lang, 2025.
Pages:
xiv, 309 p
Contents:
Preface / Rima Ažubalytė, Oleg Fedosiuk, Jolanta Zajančkauskienė — Introduction: what is the role of coherence in criminal justice? / Jolanta Zajančkauskienė — Part 1. THE SEARCH FOR COHERENCE IN SUBSTANTIVE CRIMINAL LAW: The gray area in the concept of human trafficking: between the text of the law and the purpose of criminalization / Oleg Fedosiuk; The search for legal coherence in the criminalization or decriminalization of drug possession / Linas Žalnieriūnas; Coherence in criminal policy for offenses against justice that obstruct the investigation of a case / Tomas Girdenis; The unlawful stalking of a person / Jolita Šukytė; Administrative and criminal liability: toward sustainability / Eglė Bilevičiūtė; Standards for the coherent application of the principles of criminal jurisdiction in relation to criminal acts committed by Lithuanian citizens and persons permanently resident in Lithuania outside the territory of Lithuania / Andrius Nevera — Part 2. THE TRANSFORMATION OF CRIMINAL PROCEDURE LAW IN THE CONTEXT OF COHERENCE: The e-evidence “Movement” in European Union criminal justice: toward or beyond coherence? / Raimundas Jurka; Electronic evidence in criminal proceedings / Renata Marcinauskaitė; Evidence in a non-conviction-based confiscation procedure / Rima Ažubalytė; Subjective threats to the free evaluation of evidence: toward a more coherent legal regulation / Rasa Žibaitė-Neliubšienė; The trial of a criminal case in an appellate court hearing: a written or oral procedure in the context of the right to a fair trial / Sandra Kaija; Coherence between the model of remote criminal proceedings and the standards under article 6 of the European Convention on Human Rights: the reality of threats to a fair trial / Inga Žukovaitė — Conclusions / Jolanta Zajančkauskienė, Rima Ažubalytė, Oleg Fedosiuk — Summary / Jolanta Zajančkauskienė — Index.
Subject terms:
LT
Baudžiamoji teisė / Criminal law; Teismai. Teismų praktika / Courts. Case-law.
Summary / Abstract:

ENToward Coherence in Criminal Justice: Challenges, Discussions, and/or Solutions is a comprehensive study of coherence across various aspects of criminal justice. This research focuses on coherence as a principle that enhances the effectiveness of criminal justice, both as a whole and in terms of its individual components. This monograph critically examines practical issues of coherence in various areas of criminal justice. By analyzing existing research, legal frameworks, case law, and empirical evidence, the level of coherence in various areas of criminal justice is outlined. This volume also examines whether a degree of coherence is compatible with the objectives of justice and public safety, as well as considering tensions or trade-offs between coherence and other values, such as flexibility and responsiveness to a changing social environment. The first part of the monograph, The Search for Coherence in Substantive Criminal Law, addresses several key issues. These include criminalization and decriminalization, the legal framework and its interpretation, and practice within the specific areas of individual offenses (human trafficking, drug possession, offenses against justice, and unlawful stalking). It also examines the compatibility of administrative and criminal liability and the consistent application of the principles of criminal jurisdiction to offenses committed abroad by EU Member State nationals and residents. The first chapter (“The Gray Area in the Concept of Human Trafficking: Between the Text of the Law and the Purpose of Criminalization”) is dedicated to the concept of human trafficking and the correct interpretation of its ambiguous elements, thus promoting coherence in the application of this unique legal instrument in practice. The problem of defining the concept of exploitation and the limitlessness of the concept of abuse of a position of vulnerability are also analyzed in this chapter.After this analysis, it is submitted that in order to recognize the existence of exploitation or the intent to exploit, it is necessary to assess not only the formal list of areas of exploitation, but also: what real harm (discrimination, injustice, humiliation, disease) the victim has experienced or could experience as a result of the exploiters’ behavior; how much the exploiters have benefited from it; and whether this behavior correlates with traffickers’ usual methods of control over victims. The application of the concept of abuse of vulnerability must consider not only the victim’s situation and lived experience, but also other aspects of the case that may negate the legal significance of the victim’s consent to the traffickers’ malicious offers. The second chapter (“The Search for Legal Coherence in the Criminalization or Decriminalization of Drug Possession”) considers the coherence of global drug law policies and trends in the criminalization and decriminalization of drugs, seeking to identify the main factors influencing legal policy decisions and to clarify the interrelationships and implications of these decisions for society, public health, and human rights. Inevitably, the phenomenon of drug use itself, its genesis and the development of relevant legal regulation are also analyzed. This analysis aims to provide a unified understanding of the complexity and multidimensionality of global drug policy, to discuss the experiences of different countries that have adopted diametrically opposed legal solutions in the field of drugs, and to decide and reflect on the prospects for a coherent legal understanding of the issue in an increasingly globalized world. The third chapter (“Coherence in Criminal Policy for Offenses Against Justice That Obstruct the Investigation of a Case”) analyzes the law and sentencing practice of Lithuania and other countries regarding offenses against justice.This analysis shows that Lithuanian criminal policy in the fight against offenses against justice, where the investigation is obstructed or the participants in the case are influenced, is much more lenient than the criminal policy of the UK or the USA in this respect, both at the level of legislation and case law. It should be noted that the provisions of the Lithuanian Criminal Code on criminal liability for the obstruction of justice are not coherent with other special and general provisions. In addition, the penalties for the above-mentioned offenses against justice are not coherent and are too lenient in relation to other provisions of the Special Part of the Criminal Code, which provide for liability for similar offenses. Moreover, the rules on the aggregation of penalties provided for in the General Part of the Criminal Code are inconsistent with the objectives of these penalties, and unduly broaden the scope of application of the aggregation of penalties. This leads to a situation in which serious or very serious offenses against justice effectively go unpunished. Chapter 4 (“The Unlawful Stalking of a Person”) examines the definition of stalking as a criminal phenomenon. This chapter finds that, despite the difficulties faced by individual states in formulating their own definitions of stalking, a coherent approach allows stalking to be seen as constituting the repeated acts of a person which are of a frightening nature and cause disturbance and uneasiness. A coherent approach to stalking is necessary not only for a better understanding of its nature, but also for the application of criminal responsibility. [...].

DOI:
10.3726/b22750
ISBN:
9783631929445; 9783631935323; 9783631935330
Subject area:
Teisė / Law
Parts:
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https://www.lituanistika.lt/content/43974
Updated:
2026-09-17 21:03:26
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