Vilniaus universiteto Teisės fakulteto
Baudžiamosios justicijos katedros vedėjas
Profesorius socialinių mokslų habilituotas daktaras
Saulėtekio al. 9, i rūmai, lT-00117
Tel. (+370 5) 2 36 66 17
El. paštas gintaras.švedas@tf.vu.lt
This article deals with the competence of eu institutions in the field of criminal law, the definition and contents, tendencies and perspectives of EU criminal law, as well as certain aspects of EU criminal law that make influence to the national criminal law and may create problems in the future.
According to the legal acts of the EU, its criminal law may be classified into four groups. The first is natural criminal law, which may be defined as material law, for example, Framework Decision on combating terrorism (2002/475/JHA), Framework Decision on combating trafficking in human beings (2002/629/JHA), etc. The second group consists of criminal procedure, for example, Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA). The third is mutual assistance in criminal matters, for example, Framework Decision on the execution in the european union of the orders of freezing property or evidence (2003/577/JHA), etc. The fourth is execution of the punishment, for example, Framework decision on the application of the principe of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (2008/909/TVR), Framework decision on the application of the principe of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (2008/947/TVR).
The competence of eu institutions to harmonise the national criminal law is limited, however, its scope is being extended. On the other hand, the model of the European integration, based on the sharing of sovereignty, logically requires the member states to co-operate in forming common legal space, with criminal law as its constituent part.
The biggest concern for the lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.