Homicides in Lithuania: Legal, Sociological and Psychological Aspects Cover Image

Nužudymai Lietuvoje: teisiniai, sociologiniai ir psichologiniai aspektai
Homicides in Lithuania: Legal, Sociological and Psychological Aspects

Author(s): Algimantas Čepas, Aleksandras Dobryninas, Gintautas Valickas
Subject(s): Psychology, Criminal Law, Criminology
Published by: Lietuvos teisės institutas

Summary/Abstract: The article presents an overview of legal regulation of homicides in Lithuanian legal acts and some comparative insights into laws of other states, as well an inquiry into the concept of homicide applied in the jurisprudence of Lithuanian courts. Special attention is paid to demarcation of homicides and deprivations of life in cases of self-defense, separation of homicides and negligent deprivations of life, legal qualification of homicides committed with direct and indirect intent. The article also introduces sociological criminological theories that could be taken into account when explaining homicide situation in Lithuania (special attention is paid to explanations provided by the theory of social disorganization) and examines main psychological factors of homicides. The analysis presented in the article allows a statement that the Penal Code of the Republic of Lithuania introduces a wide concept of homicide. However in certain cases the concept is constructed in a too narrow mode while this fact leads the Criminal Code to contravene the right to life embedded in the European Convention on Human Rights in cases of self-defense. An analysis of jurisprudence of Lithuanian courts raises some doubts whether homicides and negligent deprivations of life are clearly demarcated in practice, a presumption followed by the courts to admit presence of indirect intent in the most of problematic cases could be noticed. Observation of the sociological research on homicide issue also allows insights that level of homicides in Lithuania could be explained while taking into account the influence of disorganized environment. However other sociological criminological theories, e.g. learning or strain theories, could provide significant explanations of the phenomenon of homicides in Lithuania also. An examination of psychological aspects of homicides allowed to discern some main factors that are able to encourage commitment of homicides: physiological and pathological affect, emotional states that do not reach the level of affect, however restrict understanding and control of one’s behaviour, asocial system of behaviour standards and reinforcements, mental disorders, alcoholic intoxication, as well as bias in processing of social information.

  • Issue Year: 2013
  • Issue No: 79 (1)
  • Page Range: 5-42
  • Page Count: 38
  • Language: Lithuanian