POLICING IN CENTRAL AND EASTERN EUROPE: Comparing Firsthand Knowledge with Experience from the West,
© 1996 College of Police and Security Studies, Slovenia
PROBLEMS AND PERSPECTIVES OF COMPLEX CRIME INVESTIGATION IN LITHUANIA
Criminality in Lithuania is increasing rapidly, its structure is changing, new contingents of
criminals have formed and new kinds of criminals have appeared. The state is not able to resist
the criminality yet due to lack of financial means and forensic equipment due to improper
methods of investigation and laws. Separate special means controlling criminality and the same
changes in laws can give only temporary positive effect but the situation will not be changed in
It is high time to start investigating the criminality in Lithuania in a complex way; to carry
out the research of control possibilities, to generalise the experience of foreign countries and
transform it under the Lithuanian conditions.
In 1994 the research project "Criminality and Criminal Justice" was prepared and started
to carry out at the Police Academy of Lithuania. The project was accepted and positively
evaluated by the Lithuanian Science Council experts, the authorities and scientists of law
enforcement agencies and the project became a state research programme.
The Police Academy of Lithuania was nominated to co-ordinate the fulfilment of the
Programme; besides the Academy, the scientists of the Institute of Law at the Ministry of
Justice, the Institute of Forensic Sciences, the Law Faculty of the Vilnius University, the
Institute of Mathematics and Informatics at the Science Academy participate in the research
Carrying out the Research Programme we follow the opinion that criminality is a social
phenomenon and it should be investigated by various law specialists and scientists of other
The Object of the Research - crime, criminal justice activities, penal and civil effect
measures for crime control in Lithuania.
The Purpose of the Research - to prepare programmes, projects of legal acts and other
proposals to effectuate crime control in Lithuania for the Seimas (Parliament) of the Republic,
the Government and institutions of criminal justice.
The Aim of the Research - to create the scientific basis of the analysis of tendencies and
causes of crime in Lithuania; to investigate the effectiveness of ciminalistics and penal and civil
effect measures on criminality in Lithuania.
The Main Tasks of the Research - to prepare the concept of the analysis of criminal
tendencies and causes and to prepare the proposals for the improvement of the Lithuanian penal
policy; to create an effective crime control system of rational punishments and civil legal effect
measures; to analyse the practice of the application of the criminal code and criminalistics in
crime investigation in Lithuania and to prepare the concept of crime investigation in Lithuania
and, on the basis of this concept, to prepare concrete proposals for the effectuation of crime
investigation in the Republic.
The research programme "Criminality and Criminal Justice" is to be fulfilled in 1994-
1997. The results of the research of the years 1994-1995 could be defined as follows:
- a theoretical basis for the subject of the research has been established: the tasks and
objectives and hypotheses of the research as well as its purpose have been formulated: the
object of the research has been defined, different spheres of the research have been
- methods of investigation and its instrumentation have been prepared on the whole
(questionnaires for criminal cases, acts of expertise and for finding out the staff's attitudes
have been provided, as well as the tasks for mathematical processing of statistical data have
been prepared, etc.);
- according to the prepared methods of investigation and its instrumentation empiric material
has been collected (questionnaires of criminal cases, acts of expertise, questionnaires of the
staff of law enforcement institutions, statistic material concerning the criminal situation in
the Republic, activities of law enforcement institutions (550 criminal cases, 80 acts of
expertise, more than 800 employees have been questionnaired);
- empiric material has been partly processed and literary formed, some works have been
- criminal laws, laws of criminal process and development of criminalistics in Lithuania have
been scientifically looked over;
- "Scientific Concept of Crime Control in Lithuania" has been prepared;
- "Concept of Development of Criminalistics in Lithuania" has been started to be developed;
- scientific review of the most important laws has been made and presented to the Seimas of
- review of crime in Lithuania from different aspects has been prepared;
- sketch of division into periods of crime development in Lithuania, sketch of national
criminological data base, premise for creating a balanced system of penal effect measures
have been prepared in author variants;
- forfeiture of property and abolishment of penalty have been approved;
- statistic analysis of inflicting criminal punishment in Lithuania has been prepared.
In 1996 the research has been successfully continued. 3 main types of the research have
been done while accomplishing the Program.
FIRST TYPE. THE STATE, STRUCTURE AND DEVELOPMENT OF CRIME IN LITHUANIA.
Crime data were examined till 1995. The preliminary theses and main conclusions about
the indices of crime were prepared.
Crime in Lithuania in 1988-1995
(preliminary conclusions of statistic analysis, recommendations and suggestions)
A great leap of statistic data of reported crimes in Lithuania started in 1988, therefore this
year is considered to be a base year of our analyzed period. Analysis is being made every year
and it is supplemented by new data. Having analysed and estimated the crime statistics of 1988-
1995, main conclusions are possible to be done:
- at the period of recent eight years (1988-1995) quantitative (statistic) indications of
criminality have greatly increased: the number of reported crimes has grown almost three
times (from 21 337 to 60 819 crimes); the level of criminality (coef. 10 000 inhabitants) -
from 58,2 to 163,6; the number of persons, committed crimes has grown twice (from 12 746
to 22 069) and more than twice has grown the number of convicted persons per year (in
1988 8 002 convicted persons, in 1995 - 18 344 convicted persons). The number of
imprisoned persons and its comparative part has been constantly increasing (from 29 to 40
- although the rate of growth of reported crimes has slowed down the problem is in its rather
high level (in 1994 - 157,4, in 1995 - 163,6), especially - latent, i.e. concealed crimes, the
rate and scale of which (especially in economics) are not sufficiently analysed and
- in comparison low degree of registered crimes detection (less than half of such crimes are
being detected; in 1994 - 40,8 perc., in 1995 - 40,0 perc.)
- unfavourable are qualitative (structural) changes of criminality: especially has grown the
number of serious violent crimes: premeditated homicides from 143 cases in 1988 to 502
ones in 1995 (attempts upon life are included); premeditated bodily injuries (177 - 299);
violent crimes are committed under mercenary motives of property nature, using weapons,
- crimes of property nature prevail in the structure of criminality (about 75-80 perc.), they
were determinant in increase of general criminality in 1988-1995.
- besides "traditional" (criminal) crime (thefts and others) new ("non-traditional") forms and
types of crime have formed. That are economic, organized, professional crimes (property
extortion, contraband (smuggling), tax avoidance, forgery, crimes connected with
corruption, drug trafficking, prostitution, etc.)
- unfavourable territorial re-distribution of criminality is ascertained, it is growing in the
country; crime import-export and from the East, and from the West (transnational
- basic changes of criminals'contingent characteristics are still taking place, new layers of
criminals are being crystallizing in the structure: professional, organized criminals; socially
disadapted persons (alcoholics, persons returned from imprisonment, unemployed,
homeless, etc.); their actual crime relapse is rising; young people and under-age more often
are involved into criminal activities. In 1990-1995 the rate of juvenile delinquency 1,5 times
was higher than the rate of population of that age increase. This rate is also higher than the
rate of general crime (especially in 1994-1995 and till now). That is a dangerous tendency,
because now about half of all, having a criminal record, and about three quarters, having
been convicted of violent crimes, are persons of 14-29 years of age. This tendency (unless
not take the neutralizing measures) can induce the raise of a new criminal "wave" in the
nearest future-at the end of this century, at the beginning of the third millennial.
- above mentioned and other quantative and qualitative crime rate "overtook" the rate of
creation new preventive system, which could control this phenomena. Crime peculiar to
market economy has formed faster that the very market economy, society and its legal,
social control system.
Recommendations and suggestions how to solve the problem
Taking into consideration long lastingcomplicated crime situation, the conclusions of its
statistic analysis and prognoses, it is suggested to concentrate joint efforts of researchers and
practical persons to solve these urgent problems of crime control and prevention:
- The priority should be given to the control and prevention of these forms and types of
crimes: crimes against persons life, health, inviolability of person and property; organized,
economic and other crimes connected with corruption; control of socially disadapted
persons inclined to crime, the creation of their resocialization system; early prevention of
under-aged and juvenile violence of law (as the potential reserve and resource for the
increase of general crime rate); prevention of crime relapse.
In order to solve the mentioned problems special programs should be created, and already
prepared special programs are to be put into life.
- It is very important to create a complex national program for crime control and prevention.
It should cover the system of legal, organizational, political, scientific, informational,
analytical and other means:
- The strategy - creation of preventive system, complex elimination of crime causes and
conditions (especially juvenile delinquency), their neutralization.
- It is necessary to improve the detection of crimes of organized criminal groups and the
facts of corruption, to ensure the inevitability of responsibility.
- Creating and developing the law system it is necessary to take into consideration not
only penal laws, but first of all the development of legal regulation (elimination of gaps
and collisions) in the economic, commercial, financial, management, educational,
cultural, family, protection of children's rights, social care and other spheres of social
activities and life.
- Solving the problem of the creation of structural system it is suggested not only to
strengthen the law enforcement institutions (structures of "force"), but preventive
structures as well (such as revision, audit, control, etc.).
- It is necessary to create and strengthen informational analytical and scientific methodical
preventive system (accumulation of social, economic, legal, political and other
information, systematizing and analyzing of it; detection of shadow economy and other
criminal phenomena, their prognosis, organization of special research, preparation of
methodic aids, specialists teaching and training).
- Crime prevention, especially organized one, and control system is effective if it foresees
not only national but regional (Baltic and other countries) and international means of
- In order to create the system and put it into life, its sufficient financing and material
technical maintenance is obligatory.
- Our country is integrating into the political, economic and legal structures of Europe,
therefore, it is urgent to prepare scientific theoretical preconditions for the creation of crime
control and prevention national system. Creating and implementing the system it is
necessary to take into consideration the prognoses and perspectives of the legal system of
Lithuania, social, economic and political development, as well as crime situation.
- It is necessary to continue and make more active fundamental and applied, urgent for
Lithuania, research into the problems of crime prevention and criminal justice.
- In order to make criminal research more effective it is expedient to carry out complex
research programs with participation of lawyers.
- criminologists of research and educational institutions, sociologists, economists,
demographers, philosophers, educators, etc. from different countries; to develop regional
and international cooperation in preparing and carrying out such programs.
- It is necessary to ensure substantial financing (forming and fulfilling the state budget) of
special criminological research programmes, preparation of scientific methodic aids and
Carrying out the research the statistic records of persons, who did crimes according to the
law and social demographic features in 1990-1995 were accumulated and methodized.
The interaction between the criminal's personality and environmental factors, which are
expressed in the statistic data is analysed (1988-1995). Methodized data characterising the
"statistic" inhabitant of Lithuania and crime and criminal personality were prepared for the
deeper analysis according to the mathematics methods. The initial concept of the criminological
data bank was looked through adapting it to the bank requirements. There was detailed:
- victimological data;
- data on presented applications;
- data on actions brought;
- data on cases where a person was accused;
- data on cases brought into the court, on cases where the judgement for the accused
was implemented and etc.
SECOND TYPE. MEANS OF PENAL AND CIVIL INFLUENCE WHILE CONTROLLING THE CRIME.
Several themes of research are carried out in this type.
- Reform of the crime penalties being a constituent part of the reform of the law system.
While implementing it:
While doing the research on "Scientific methodical preconditions for the creation of
balanced system of penal and administrative influence means", developing the methods of
research, it is defined more exactly how to compare sanctions provided by the Penal Code, data
of the courts practice and results of the questionnaires of the experts, doing balanced sanctions
system. The schemes of the numbers of the sanctions of the Penal Code were designed for the
comparison of the data of the courts practice and of the results of the questionnaires of the
Imprisonment penalty putting into practice in Lithuania in 1991-1994;
Articles (parts of them) of the Penal Code according which the imprisonment penalty was
not put into practice in 1991-1994;
The frames of the quantity of the imprisonment sanctions suggested by the experts for the
most important specific crimes.
Defining more exactly the conception of the balanced sanction system the main factors
(value - the object of attempt, the circumstances of doing the deed, the degree of guilty), which
condition the heaviness of a crime were analysed and the evaluation criteria of the factors were
The method of putting value criterion into practice was detailed. The suggestion was made
to classify the crimes associated with the same value, firstly, by the circumstances by which a
deed was done and its degree of completeness. These circumstances predetermine the heaviness
of a crime from the point of view of that value as these circumstances define the value's
violation scale, character and other aspects of a deed. Taking into account this criterion, crimes
associated by one and the same value are suggested to classify into 3 groups according to their
heaviness. Dependence to one group defines relative heaviness of the crime from the point of
view of value.
Developing the methods of comparative analysis of penal and administrative codes norms,
the analysis of several competing articles of the penal and administrative laws was made (crimes
and administrative violations against property, managing order and finance).
Having analysed the sanctions of the existing penal law from the point of view of value
criterion, it is ascertained that the average of the specified crimes sanctions do not reflect the
real meaning of the values protected by the Penal Law. In addition, imprisonment penalty for
different types of crimes in the frame of specific crimes are not balanced, because the system of
values of the specific crimes is confused and discordant. Three drafts of the Penal Code's
articles, according to values system suggested by the working group were prepared and the
preliminary generalisation of them was made. Classification of the circumstances which make
the influence to the defining of sanctions have begun and is continued further on.
Having analysed, evaluated and worked up the results of the experts' questionnaire, the
conclusion should be made that:
- as a matter of fact, experts attach great importance to all elements of traditional
composition of a crime (object, objective part, subject and subjective part);
- in the opinion of experts premeditated crimes are evaluated 2.5 times heavier than
- experts think that a part of articles of the present Penal Code must be decriminalised;
- in some positions the opinion of experts is not very reliable, therefore it is expedient to do
an additional questionnaire.
THIRD TYPE. CRIMINALISTIC PROBLEMS OF THE CRIME INVESTIGATION
- the study on "The Scientific Conception of the Crime Control in Lithuania" was prepared
and published. The conception consists of 7 parts: one general and 6 special in which the
criminogenic situation is set out, forecast and the aims of crime control in Lithuania, the
main principles of crime control and their manifestation, the system of crime control and its
administration, the crime control problems of general and different types of crimes and of
crimes done by different contingent of criminals in Lithuania. This conception of crime
control in Lithuania which is going to be discussed in a special scientific conference, would
be the basis for the preparing of a program of crime control in Lithuania.
- the scientific conception of development of criminalistics in Lithuania was prepared. In this
conception the state of criminalistics in Lithuania, its conditioning notions, development
principles, aims and tasks are analysed. In order to implement new science and technical
achievements investigating crimes, it is important to create modern criminalistic technical
basis, develop criminalistic theory, train specialists and law basis. In the conception great
attention is paid to the development of criminalistic science, development of the
criminalistic training, concrete proposals on the development of the law basis are given,
certain organisational means for the developing of criminalistics are suggested.
- accomplishing the theme "The use of special knowledge and specific technical means while
investigating the problems of crime development in Lithuania" the questionnaire data of the
use of special knowledge and scientific technical means in crime investigation in Lithuania
were worked up and systematised, the prior problems of the use of special knowledge in
crime investigation and in investigation of cases in courts were analysed. After the
investigation the suggestions were formulated "On the use of the criminalistic science and
technic while investigating crimes and cases in courts", which were presented to the general
prosecutor of the Lithuanian Republic, to the Minister of the Internal Affairs and the
Minister of Justice.
- accomplishing the theme "The use of informational technologies in the investigation of
crimes" the security problems of the information in the system of criminal justice was
analysed theoretically. The analysis showed that the security of information in the criminal
information system influences the general effectiveness of criminal justice. Having analysed
the literature and real possibilities, the proposals which will be presented to the creators of
the criminal information systems are being formed.
On the practical plane the recommendations by which stages to develop the information
systems in the police commissariats are formulated and the content, terms of these stages are
defined. These recommendations are presented to the Ministry of Internal Affairs.
These are the first results of the accomplishment of the complex Programme on "Crime
and Criminal Justice" in Lithuania.
In our opinion the implementation of this Programme is a very important, original and
complex work in order to develop the control of criminality, to solve the urgent theoretical and
practical problems of legal reform in Lithuania.
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