Teisingos bausmės beieškant: švelnesnės bausmės skyrimas už neteisėtą disponavimą dideliu ar labai dideliu narkotinių ar psichotropinių medžiagų kiekiu
In search for the just sentence: imposition of milder sentence for illegal disposal of large or very large quantity of narcotic or psychotropic substances

Summary/Abstract: Theory of criminal law often pays little attention to imposition of penalty. After having reviewed the large part of studies conducted in Lithuania so far, it can be noticed that significantly more focus is given to the analysis of issues of criminal offenses qualification, analysis of specific compositions of criminal offenses or other issues of the general part of criminal law. The study analyses the impact of the principle of justice on imposition of sentence for criminal offenses related to the illegal possession of large or very large quantities of narcotic and psychotropic substances. An article provides the application statistics of this principle in criminal cases examined in 2018-2019 according to Article 260 (2) and (3) of the Criminal Code, as well as assesses the validity of such case law. The author questions too frequent application of the principle of justice (Article 54 (3) of the Criminal Code) and presupposes that this situation occurred due to the extremely high minimum levels of sentences set by the legislator according to Article 260 (2) and (3) of the Criminal Code. These levels of sentences are one of the largest in Europe and prevent the judge from proper individualisation of sentences to culprits. The study largely focuses on case law analysis of simultaneous application of Article 54 (3), Article 75 and Article 64¹ of the Criminal Code. Although the courts often impose different sentences or in some cases consider that criminal law does not allow the postponement of sentence execution in accordance with the principle of justice, the author invites not to be afraid to change the existing case law. Finally the author makes conclusions and suggestions, concerned and solving problem, mentioned above: it is offered to discuss regarding reduction of minimum levels of sentences of Article 260 (2) or (3) of the Criminal Code. As Article 54 (3) of the Criminal Code lacks of accuracy, it is suggested to remedy this deficiency by new case law because legislation usually takes much longer.

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