"Sąmoningas leidimas padariniams atsirasti" - turiningas netiesioginės tyčios požymis ar jo intelektinio momento parafrazė?
"To Allow Consciously The Prohibited Consequences to Occur" - Meaningful Part of Dolus Eventualis or Just a Paraphrase of its Intellectual Part?
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Lietuvos teisės institutas
Summary/Abstract: This article discusses the volitional part of dolus eventualis, which is often regarded as the key for the problem of distinguishing dolus eventualis and luxuria. Two attitudes towards the volitional part of dolus eventualis are revealed. The first group of authors explains the volitional part of dolus eventualis on the base of perpetrator’s emotions. The second group states that emotions are an improper criterion in distinguishing dolus eventualis and luxuria and considers that the intellectual part of dolus eventualis and luxuria is a sufficient criterion to distinguish these forms of offense. The author comes to the conclusion that the volitional part of dolus eventualis has not got any positive psychological content. Most of explanations of the volitional part of dolus eventualis, provided by the scholars of the criminal law, are paraphrases of the intellectual part. Therefore it is proposed to eliminate the unnecessary and empty formulation of the volitional part from the definition of dolus eventualis.
- Issue Year: 2008
- Issue No: 61 (3)
- Page Range: 30-50
- Page Count: 21
- Language: Lithuanian