The Principle of Humanness in the Context of the Historical Development of the Institute of Exemption from Criminal Liability

Agnė Baranskaitė

Abstract


In the doctrine of criminal law there is an approach that criminal law has, first of all, protective and repressive, as well as preventive and informational functions. However, in itself, the application of punishments and other penal repressive measures with regard to persons who committed criminal acts does not mean that the order and justice violated by the criminal acts would be restored and that the interests of the persons who suffered from the criminal acts would be protected and restored. The opinion that the obligation of criminal law is only to punish the culprit and to perform the protective function is denied by a number of provisions of penal law which reveals the humane origin of criminal law. It is manifested by the institutes of exemption from criminal liability, especially when the culprit who reconciled with the victim is exempted from criminal liability. It is also manifested by the entirety of rules for the imposition of punishments.

Keywords


criminal law; penal law-making; criminal liability; exemption from criminal liability; constitutional principles of humanness and justice; imposition of punishment

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236