Sovietinės Lietuvos baudžiamosios teisės vertinimas lietuvių teisininkų išeivių darbuose
Soviet Criminal Justice Evaluation in Lithuanian Immigrants Lawyers Research

Summary/Abstract: In the history of Lithuania during the period between the two world wars, the criminal law sources were received from Russia (Criminal Statute of 1903) and adapted for the requirements of those States, where the conditions of life were notably different from those in Lithuania. The Criminal Statute of 1903 was the main criminal law source in Lithuania until 1940. Prior to the second occupation—the return of the Soviets—tens of thousands of Lithuanian citizens fled to the West, including a very large segment of the intelligentsia, university lecturers, professors and many lawyers. The lawyers in emigration were very socially active and founded a paper of law research—“Teisininkų žinios.” The article deals with the works and research of the emigration lawyers B. Nemickas, V. Vaitkevičius, P. Raulinaitis,V. Rastenis, D. Krivickas and others, in which they deal with the problem of Soviet criminal law. The lawyers analyse the sources of Soviet criminal law, which was the criminal law source in occupied Lithuania. The Codes of the Soviet Russia Federationwere enforced in occupied Lithuania at the end of the 1940. The 1926 Criminal code remained in force until 1960. After the death of Stalin in 1953, the Soviet Government initiated an ambitions legislative programme completed a systematic re-codification of almost the entire legal system. The first attempts were made in the field of criminal law and procedure. On 25 December 1958 the Principles of Criminal Legislation of the USSR and the Union Republics were enacted and in the following years the Soviet Lithuania drafted their own Criminal code on the basis of these Principals. The Lithuanian emigrant lawyers analyzed Soviet criminal law resource and established that criminal law is also an area of Soviet law where the privileged position of the Soviet Communist party within the Soviet legal system is most likely to be unmasked.

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