116 MPs voted for the project during the submission stage, none were against, five abstained.
According to Justice Minister Ewelina Dobrowolska, the proposed changes have been developed together with academics and practitioners, discussed in the Criminal Code Oversight Committee.
The project aims to consolidate the criminal liability of legal entities and balance the criminal sanctions imposed on natural persons.
It is proposed to abandon the average sentence rule and focus on imposing the minimum sentence provided for in the sanction.
It is expected that by postponing the execution of the sentence, the court could assign intensive supervision, the execution of the sentence could be postponed for addicted persons only when they agree to receive treatment for addiction diseases, in addition, it could oblige the person to participate in alcoholism and drug addiction prevention and early intervention programs.
It also provides for the possibility of suspending the execution of the sentence, when the imposition of the sentence clearly contradicts the principle of justice, except in cases of very serious crimes. They want to oblige the court to justify the decision when a person is recognized as a recidivist.
The project proposes that when combining or changing the punishments, one day of imprisonment is no longer equivalent to two, but three days of restriction of liberty, one day of arrest is equivalent to no longer two, but six minimum living standard (MGL) fines, and no longer six, but twelve hours of community service.
One day of restriction of liberty is equivalent to not three, but four hours of public service, and not one, but two MGL fines. Also, a fine of one MGL is no longer equivalent to six, but two hours of community service.
Currently, the amount of MGL established in the Criminal Code is 50 euros.
In the package presented to the Seimas, it is proposed to link the amount of the fine imposed on legal entities to their income.
“Currently, the Criminal Code establishes a maximum of 5 million. EUR fine for a legal entity limits the court’s right to impose a fair sentence. It is necessary to change such provision so that crimes are punished proportionately”, said E. Dobrowolska.
For example, according to the project, if the annual income of the legal person who committed the crime exceeds 15 million euros, it would be allocated from 3 to 15 percent. annual income penalty.
The project also provides for establishing new measures of criminal impact only for legal entities: these would be works useful to the public, prohibition to participate in public procurements, to receive support, subsidy or grant, prohibition to reorganize.
According to the minister, the criminal liability currently applied to legal entities is not appropriate.
“We would like to give guidelines to the court and enable as much as possible so that as few punishments are standardized as possible and the court can individualize them as much as possible,” said E. Dobrowolska in the Seimas.
In addition, it should be mandatory to announce the verdicts for a serious and very serious crime committed by a legal entity through the means of public information.
The amendments also provide for the possibility of prohibiting a legal entity from participating in certain transactions, canceling the licenses and permits of activities in the course of which criminal activities were committed.
The project proposes to establish that foreigners who have committed a serious or very serious crime against Lithuanians in another country could be tried in Lithuania if the state where the crime was committed or the state of the perpetrator’s citizenship refuses or does not prosecute.
They want to punish minors for forcing them to have sexual intercourse, illegal possession of drugs from the age of 14, instead of from the age of 16, as is the case at the moment.
The Ministry of Justice hopes that the proposed changes will ensure that by 2030 the average term of imprisonment will be reduced to five years. In 2021, he reached seven years.
In addition, by the 2030s, the aim is to reduce the number of persons sentenced to imprisonment to 140 people per 100,000 people. population.
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#parliamentarians #proposal #revise #procedure #imposing #punishments
**Interview with Justice Minister Ewelina Dobrowolska on Lithuania’s Proposed Criminal Code Revisions**
**Interviewer:** Today, I have the pleasure of speaking with Justice Minister Ewelina Dobrowolska about the recent proposal to amend the Criminal Code of Lithuania. Minister Dobrowolska, thank you for joining us.
**Minister Dobrowolska:** Thank you for having me. It’s a pleasure to discuss these important changes.
**Interviewer:** The proposal received overwhelming support in the Seimas, with 116 MPs voting in favor. What does this level of support signify for the importance of these changes?
**Minister Dobrowolska:** It shows a significant consensus among parliament members on the need to modernize our legal framework. These changes are aimed at making our criminal justice system more effective and equitable, particularly in how we address offenses committed by legal entities.
**Interviewer:** One of the key points in the proposal is the consolidation of criminal liability for legal entities. Could you explain why this change is necessary?
**Minister Dobrowolska:** Absolutely. Currently, the legal framework does not adequately hold companies accountable for their actions. We want to ensure that penalties for legal entities are reflective of their size and financial capability, meaning they would face punishments that are proportionate to the crimes committed. This also promotes a more responsible business environment.
**Interviewer:** The project aims to shift from average sentencing to an emphasis on minimum sentences. What impact do you envisage this will have on offenders?
**Minister Dobrowolska:** By focusing on minimum sentences, we aim to ensure that punishments are more consistent and appropriate to the crime. It’s important to emphasize rehabilitation and offer alternative measures, particularly for those who are willing to address underlying issues such as addiction.
**Interviewer:** There’s been a suggestion to link fines for legal entities to their income. How would this work in practice?
**Minister Dobrowolska:** We propose a system where fines are calculated as a percentage of a legal entity’s annual income. For instance, if a company with an income over 15 million euros commits a crime, it would face a fine ranging from 3% to 15% of its income. This way, the punishment truly reflects the ability to pay, ensuring fairness and proportionality.
**Interviewer:** There are also new measures of criminal impact proposed exclusively for legal entities. Can you elaborate on those?
**Minister Dobrowolska:** Yes, we are introducing measures such as public service works, restrictions from participating in public procurements, or receiving grants. These are restorative in nature and serve to hold organizations accountable while allowing them to contribute positively to society.
**Interviewer:** how do you see the proposed changes benefitting the general public and society as a whole?
**Minister Dobrowolska:** These reforms aim to create a more just and transparent legal system, both for individuals and organizations. By focusing on rehabilitation and appropriate penalties, we hope to reinforce public confidence in the criminal justice system and ensure that offenders, whether they are individuals or entities, are held accountable for their actions in a fair manner.
**Interviewer:** Thank you, Minister Dobrowolska, for your insights. It sounds like a potentially transformative set of changes for Lithuania’s legal landscape.
**Minister Dobrowolska:** Thank you. I appreciate the opportunity to share our vision for a more equitable criminal justice system.
