Vilniaus universiteto Teisės fakulteto
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The author of the article analyses one of the aggravated theft defined under the article 178 part 2 of Criminal code of Lithuania – stealing the property of another by trespassing into premises, storage or other secured teritorry. In all these cases the qualification of the offence depends on the place from which the property is stolen and the way in which the offence is committed. These elements of aggravated theft must be proved in oder to charge the defendant under the article 178 part 2. On the other hand missing one of the mentioned element the defendant can’t be liable for such an aggravated theft. Stealing from premises, storage or secured teritorry without trespass is not the case as the matter of such an aggravated theft as well as stealing by trespassing into some places but not into premises, storage or secured teritorry.
According to the doctrine of law and the judicial practice the conception and the methods of trespassing, the conceptions of premises, storage or other secured teritorry are presented. The practical problems of qualification of this aggravated theft are discussed.