| Abstract [eng] |
In the master 's thesis, the legal regulation of the fine was analyzed using research methods. Based on theoretical legal knowledge and a comprehensive study of national legislation governing the procedure for imposing and enforcing a fine, the aim was to identify the problems of fines and shortcomings in legal regulation, inconsistencies between legal norms and practice. While analyzing the case law, the existing legal framework was assessed and the applicability of the regulatory and fine calculation mechanism in practice, and the efficiency of the fine enforcement. It was concluded that a fine is the most appropriate and effective punishment for people who have committed selfish criminal acts that have caused negative consequences towards other people‘s property, but in Lithuania the application of a fine is rare, i.e. only 30 percent of perpetrators are fined. The current legal framework does not provide the possibility of imposing fines in all cases of property crimes, the existing fines are excessive and difficult to apply in practice, and the applicable fine calculation mechanism does not ensure the imposition of a proportionate fine and a fair penalty. Supervision of the execution of a fine is not centralized in Lithuania, therefore it is not possible to control the execution of a fine and ensure the efficiency of enforcement. Following the implementation of the fine reform in Lithuania and calculating the amount of the fine under the day-fine system would ensure the implementation of the principle of proportionate and equitable fines, and a condition which would create an individualized fine based on a person‘s property assets. |
