Lietuvos Respublikos baudžiamojo kodekso 179 straipsnyje numatyta nusikalstamą veiką ir civilinį teisės pažeidimą skirianti riba
The Crime Determined in the Article 179 of the Criminal Code of the Republic of Lithuania and the Tort: the Dividing Line between the Two Offences

Summary/Abstract: The aim of this article is to examine the crime determined in the Article 179 (illegal use of electrical energy, gas, internet, water, etc.) of the Criminal Code of the Republic of Lithuania with the aim of distinguishing the most important construction features in delimiting tort and the mentioned crime. The main attention is given to the objective features of this crime: the act, the matter, damages. Firstly, it is dealt with the theory of Criminal Law; some comments about substantial Criminal Law principle – ultima ratio are made, the ideas of different authors about the level of crime dangerousness are analysed. The author points to the importance of these theoretic materials in the field of making difference between the crime and the tort not only in general, but also when we discuss illegal use of electrical energy or other similar offences. Next, the author discusses the court decisions, which we can meet in the criminal and civil cases. The author notices that very similar or almost the same situations are sent to different courts – criminal or civil without any substantial arguments. In the author’s opinion, such court practice is not suitable. Such situation is caused by the fact that the construction of Article 179 of the Criminal Code is not perfect and leaves space for unnecessary interpretations, when criminal liability can be unreasonable. This problem concerns one part of Article 179: “or other illegal ways of use of electrical energy (…)” in particular. Since these other ways are not mentioned in the Criminal Code or other law, the ambiguity appears. It is important to say, that the problems occur in such cases, when, for example, electrical energy is supplied according to the Civil Contracts. In another way, when electrical energy, gas or internet supplied without any contract discussions about the deviding line between criminal and civil liabilities do not occur. It is commonly agreed that in such cases we have both kinds of liability. Finally, the article concludes that the well-founded criminal liability should demand additional criteria: that of fraud or aggravating the position of creditor. These criteria could be used in the theory of Criminal Law and in court decisions to strengthen the motives of applying the criminal liability.

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