Plėšimo sudėties probleminiai aspektai

Robbery is one of the most dangerous criminal offences, because it encroaches on the fundamental values protected by criminal law − personal property, health and freedom. The dangerousness of this crime relates to a violent attempt against another person's property. Not only that is one of the most dangerous but also one of the most often committed criminal offences against property and, as a result, robbery cases constitute the highest workload for courts. The adoption of the 2000 Criminal Code of the Republic of Lithuania established new elements of the crime of robbery. Important changes were introduced in the principal attributes of the elements of robbery, the qualified elements of robbery were also revised. A substantial change was made in the attribute ‘way of commission of robbery’, which also predetermined a different assessment of offence completion; an entirely different system for grouping the qualifying attributes was created, introducing the qualifying attributes that had not been applied until that time, etc. Thus, the legislation brought about a new challenge in the interpretation of robbery elements and application of the criminal law, and the set objectives have been pursued for more than a decade already. With the new content of the robbery elements established in the criminal law, the case law of cassation has been developed since the entry into force of the 2000 CC that laid down the foundations for proper application of the law and for the development of the concept of the said crime, however, there was, in principle, no consistent research on this topic. In response to these challenges, the dissertation includes a complex study of the elements of robbery