LR BK 189-1 straipsnyje numatytos normos dėl neteisėto praturtėjimo atitiktis baudžiamosios teisės specialiesiems principams
The Compliance of Illicit Enrichment Norm, Which is Established in Article 189(1) of the Criminal Code of Republic of Lithuania, to the Special Principles of Criminal Law

Summary/Abstract: On the 2nd of December, 2010, the new norm which criminalizes illicit enrichment was added to the Criminal Code of Republic of Lithuania (further – the CC). The content of this crime is having an asset which can not be justified by person‘s legal income. According to explanatory report, such measure has been established because of prevention, herewith to pursue reduction of profit and attraction which originated from corrupt and economic crimes. At first sight it seems like this is a very simple norm which is easy to apply. However, after the legal research, case law and statistic data review, it can be claimed that there are many issues related to this norm. Scholars who analyzed the norm of illicit enrichment raised a lot of relevant questions related to responsibility and the nature of this crime. Is the offense defined appropriately and clearly? Is the value of the asset as the subject of crime of illicit enrichment adequate? Can this crime exist independently with no overlap to other crimes from which the person got rich? Should it be the special subject provided in this offense according to the recommendation of United Nations Convention against Corruption?The article 1891 of the CC according to the content and expression is not traditional indeed. This can be confirmed by fact, that many Courts of Republic of Lithuania have already referred to the Constitutional Court of Republic of Lithuania in order to clarify out does the norm of illicit enrichment object to Constitution and to constitutional principles. It is important to notice that on the 15th of March, 2017, during the writing process of this article, the Constitutional Court published the act in which were analyzed five applications of Lithuanian Courts with the requests to investigate does the first section in article 1891 of the CC object to Constitution and to constitutional principle – the rule of law. Thus, the purpose of this article is to answer a question does the norm of illicit enrichment which is established in article 1891 of the Criminal Code of Republic of Lithuania object to the special principles of criminal law.The consist of illicit enrichment crime is analyzed in the first section of this article. The norm of illicit enrichment, which is established in article 1891 of the Criminal code of Republic of Lithuania, with respect to the special principles of criminal law is analyzed in the second section of this article.It is concluded that prosecution of person in committing illicit enrichment crime by negligence would infringe the provisions of one of the most important special principles of criminal law – “nullum crimen sine culpa”. Assessing the analyzed norm through the provisions of “ultima ratio” principle, it must be held that Lithuanian legislator chose the incorrect measure to combat against corrupt and economic criminality.

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