In this article, the authors analyse the practice of the Lithuanian national courts and the European Court of Human Rights in hate crime cases, provide insights into the synergy between the decisions ...made by these courts, and suggest further improvement actions. This research shows that proving the circumstances surrounding various forms of hatred is quite complex, often lacking a more comprehensive, in-depth definition of the totality of circumstances by taking account of the need for special knowledge, the identification of guilt, and the system and intensity of actions. There is often a divide between criminal liability and the possibility of other countermeasures, especially when examining cases related to hate speech. Court decisions draw attention to the fact that it is necessary to consider the totality of the data collected, not individual data or individual fragments of circumstances. Among other things, the decisions emphasize the
principle: whether criminal liability is an adequate measure in cases of hate speech. The topical issues examined in the article draw attention to the collection of significant data and the organization of investigations of these crimes, issues relating to proof and the emerging practice of the European Court of Human Rights and the Supreme Court of the Republic of Lithuania in this category of cases, highlighting the two main problematic aspects: first, the determination of the totality of objective and subjective features and second, the fact of identifying a real threat.
The article contains comparative analysis of Lithuanian and Norwegian experience in fighting the domestic violence. It describes tools and measures used in the Republic of Lithuania and the Kingdomof ...Norway to prevent domestic violence and examines the experience of both countries in fighting against the domestic violence. Both Lithuanian and Norwegian legislation, although prepared in different time, provide protection from domestic violence both in the Criminal Codes of the countries and additional regulations on the prevention of this phenomenon. Lithuanian Criminal Code does not contain a separate criminal offense related to the domestic violence. Any kind of domestic violence is subject to criminal liability that is indicated in separate articles according to the nature of the offense during which intentional physical, mental, sexual, economic or any other type of effect was used and as a result of which a person experienced physical, material or non- pecuniary damage. Meanwhile, the Norwegian Criminal Code provides for a specific crime, established in the Article 219 of Norwegian Criminal Code, which provides for criminal liability for a long-term harrasement of relatives. However, there is no need for a separate provision in the Criminal Code to observe the phenomenon of domestic violence in general.
PurposeThe purpose of this paper is to respond to the need for comparative studies on methodologies for implementing Crime Prevention through Urban Design and Planning (CP-UDP) at the local level, ...particularly in peripheral Europe where CP-UDP’s top-down standards have poor dissemination and acceptance. This paper debates how local partnerships can help reduce crime and how a CP-UDP-based model can be introduced into municipal planning.Design/methodology/approachThe paper discusses the challenge of CP-UDP in the framework of a post-crisis Europe and Europe 2020. Because there is a large gap between theory and practice, lack of a shared holistic approach, and scepticism, or lack of knowledge, of public authorities, at local-level planning professionals and the police have devised bottom-up initiatives based on interdisciplinary partnerships with the community. The paper describes, discusses and compares the implementation of such approaches in Lisbon (Portugal) and Vilnius (Lithuania).FindingsThe paper addresses the processes and challenges of establishing synergies and working relationships between police officers, public officials and the community, and it discusses six main causes for its (un)success. When these conditions were met, crime and social constraints reduced.Practical implicationsLessons learned are deemed crucial to disseminate knowledge and best practices, paving the way for proper top-down policies and planning legislations in these and other countries.Originality/valueThis paper analyses the potentialities and shortcomings of local-level implementation of CP-UDP strategies as an alternative to failed top-down strategies in two realities mostly unknown of the international scientific community. The case study material is previously unpublished internationally.
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