Iнтерпретація змісту окремих понять Литовського Статуту

ENThe article interprets the content of the concepts of banditry and robbery according to all editions of the Lithuanian Statute. It has been proven that gangster and robbery attacks have caused great material damage, loss of property, loss of life or injury to a person, and therefore they were considered by the legislator as particularly dangerous. It is substantiated that the legislator in the norms of the Lithuanian Statute enshrined such characteristic features of banditry as the division of banditry depending on the place of attack, the purpose of the crime; the presence of an organized gang. It was established that the legislator at that time paid special attention to the punishment for a bandit attack depending on the severity of the consequences: more socially dangerous consequences were punished more severely. It was found that in the sixteenth century the concept of robbery was developing, it began to acquire some of the characteristics that are inherent in modern criminal law of Ukraine (encroachment on property and health). It is determined that the legislator clearly separates the concepts of banditry and robbery at the crime scene, subjects, etc. It is proved that the basis of banditry was constant wars and disputes between feudal lords, as a result of which it becomes especially dangerous. The robbery did not have that basis.It is substantiated that in the criminal law of the Ukrainian lands, which were part of the Lithuanian-Russian state and the Commonwealth, banditry looked like a more serious crime than robbery: even in the absence of a sufficient number of witnesses, a person accused of banditry could be prosecuted, responsibility and apply punishment. It was found that the legislator's views on the concept of these types of crimes, punishment for banditry and robbery, were adequately reflected in judicial practice, and this testified to the significant legal development of the state, the dominance of the rule of law and the presence of a large number of experts in the jurisprudence of the people.