LR BK 189-1 straipsnyje numatytos normos dėl neteisėto praturtėjimo atitiktis baudžiamosios teisės specialiesiems principams

On the 2nd of December, 2010, the new norm which criminalizes illicit enrichment was added to the Criminal Code of Republic of Lithuania (further – the CC). The content of this crime is having an asset which can not be justified by person‘s legal income. According to explanatory report, such measure has been established because of prevention, herewith to pursue reduction of profit and attraction which originated from corrupt and economic crimes. At first sight it seems like this is a very simple norm which is easy to apply. However, after the legal research, case law and statistic data review, it can be claimed that there are many issues related to this norm. Scholars who analyzed the norm of illicit enrichment raised a lot of relevant questions related to responsibility and the nature of this crime. Is the offense defined appropriately and clearly? Is the value of the asset as the subject of crime of illicit enrichment adequate? Can this crime exist independently with no overlap to other crimes from which the person got rich? Should it be the special subject provided in this offense according to the recommendation of United Nations Convention against Corruption?