Europos Tarybos įtaka Lietuvos baudžiamajai teisei

ENThe doctrine of criminal law has not yet given a precise definition of the content of both criminal law of the Council of Europe (hereinafi;er referred to as 'the CoE') and international criminal law. All legal acts of the CoE may be grouped into mandatory and recommendatory law. The CoE legislation may be classifiable as criminal law on the basis of the substance of legal acts, for example, a legal act establishes liability for criminal acts and provides for the features of criminal acts; establishes liability for an attempt to commit, and complicity in committing, criminal acts; establishes liability of legal entities for criminal acts; lays down the rules of jurisdiction, etc. According to the substance of legal acts of the CoE, its criminal law may be classified into four groups. The first is natural criminal law, which may be defined as substantive law, for example, the CoE Criminal Law Convention on Corruption (1999), the CoE Convention on the Prevention of Terrorism (2005), etc. The second group consists of legal acts concerning criminal procedure, for example. Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system. Recommendation Rec(2006)8 on assistance to crime victims, etc. The third group relates to mutual assistance in criminal matters, for example, European Convention on Extradition (1957), European Convention on Mutual Assistance in Criminal Matters (1959), etc.The fourth is the execution of penalties, for example, Recommendation Rec(2003)22 on conditional release (parole), Recommendation Rec(2006)2 on the European Prison Rules, etc. As at 31 July 2013, the CoE treaties system involved 215 international treaties, of which 66 international treaties may be regarded as addressing criminal justice issues. The Republic of Lithuania ratified 44 (or 67 percent), and signed 7 (or 11 percent) CoE international treaties on criminal justice issues. The CoE legal acts of recommendatory nature in matters of criminal justice, as at 31 July 2013, included more than 120 recommendations and resolutions. In terms of the effect of the CoE on national criminal law, three ways of such influence can be identified: (a) law-making, (b) supervisory, and (c) judicial. The influence through law-making means the transposition of the provisions of CoE international treaties to national law by enacting, amending, supplementing, or annulling a criminal law. The influence through supervision means the a) transposition of the provisions of CoE international treaties to national law by enacting, amending or supplementing a criminal law, and b) monitoring of the implementation carried out by a special, independent committee of experts. The judicial way means the enforcement of decisions of the European Court on Human Rights, the effect whereof can be amending or supplementing, or annulling such provisions of a national law, which are recognised incompatible with the requirements of the European Convention on Human Rights.