Obsah (8)

Article 308Article 822Article 284Article 285Article 287Article 289Article 3261Article 3292

Projekto Official translation REPUBLIC OF LITHUANIA LAW ON AMENDING ARTICLES 35, 142, 308, 3212 OF THE CRIMINAL CODE AND SUPPLEMENTING THE CODE WITH ARTICLES 1421,1422, 1433 20 April 2000 No.VIII-1646

Article 308

)” and the entire paragraph shall be set forth to read as follows: “Confiscation of property is an additional penalty imposed by court for the commission of the following crimes: genocide (Article 71), abuse of authority, ( Article 742), banditism (Article 75), illegal transportation of foreigners across the state border of the Republic of Lithuania or hiding and transportation of foreigners who illegally crossed the state border (paragraphs 2 and 3 of Article 821), transportation of the citizens of the Republic of Lithuania abroad for their illegal stay there or leaving them there without any support (

Article 822

), premeditated murder from selfish motives (item 8 of Article 105), taking of hostages (Article 1311), trafficking in persons (Article 1313), illegal reproduction of a literary, scientific or artistic work, audiovisual work or a phonogram, importing, exporting, distributing, carrying or possessing infringing copies (Article 1421), importing, carrying in transit or exporting strategic goods and technologies without a licence (Article 2141), criminal association (Article 2271), act of terrorism (Article 2273) committed for personal gain, illegal manufacturing, acquisition, possesing, carrying, sending, salling or any other distribution of psychotropic or narcotic substances (paragraphs 3, 4 and 5 of Article 2321), robbery of psychotropic or narcotic substances (Article 2322), inducing to use psychotropic or narcotic substances (paragraphs 2 and 3 of Article 2325), robbery of firearms, ammunition, explosives or explosive substances (Article 2341 ), robbery of radioactive substances (Article 2342), theft( paragraphs 2, 3 and 4 of Article 271), robbery (Article 272), extortion of property (Article 273), fraud (paragraph 3 of Article 274), embezzlement (paragraph 3 of Article 275), bribe receiving (Article 282), bribery (

Article 284

), abuse of office (

Article 285

), abuse of authority (

Article 287

), fraudulent misrepresentation (

Article 289

), illegal commercial, business, financial or professional activities (Article 306), illegal company activities (Article 307), illegal use of trade marks and service marks (

Article 308

), production, sale or storage of counterfeit goods, (Article 309), manufacturing, possessing, carrying, selling of home-made spirituous beverages, home made brew, and other strong spirituous beverages, producing, selling, carrying or keeping undenatured ethyl alcohol, denatured ethyl alcohol, technical ethyl alcohol and their dilutions, manufacturing, possessing, carrying and selling equipment for their production (Article 310), illegal possession, transportation and sale of taxable goods (Article 3101), consumer deception (Article 311 ), smuggling (Article 312) unlawful abstention from taking the products from the Republic of Lithuania (Article 3121) fraudulent misrepresentations on the enterprise performance (Article 313), use of loan for other than intended purposes, (Article 314), promotion of bankruptcy (paragraph 2 and 3 of Articles 315), dishonesty or fraud of the debtor(Article 316), industrial espionage (Article 317), receiving unlawful gratuities (Article 320), abuse of trust in business activities (Article 321), fraudulent accounting (Article 323), presenting knowingly false data on income or profit1(Article 324), tax evasion (Article 325), money laundering (Article 326), unlawful granting of bank loan (

Article 3261

), manufacturing, circulation of counterfeit money or securities (Article 327), manufacturing counterfeit post stamps, travel tickets (Article 328), manufacturing, selling, possessing or using counterfeit banderoles for goods or other special stamps (Article 3281), violation of legislative enactments regulating operations with money or securities (Article 329), obtaining a bank loan by deception (Article 3291), persistently avoiding to repay the loan (

Article 3292

), exiling civilians of an occupied country (Article 334), violation of norms of the international humanitarian legal norms on the protection of civilians and their rights in time of war (Article 336), destruction of protected objects or plunder of national treasures (Article 339).” Article 2 . Amendment of Article 142 Article 142 shall be amended and set forth to read as follows: “Article

1. Appropriation of Authorship Publication or communication to the public in one’s own name of a scientific, artistic or literary work (including computer software and databases) or of a part thereof or the author of an invention, the authorship whereof belongs to another person - shall be punishable by imprisonment for a term of up to 2 years or a fine. Coercing the author of a scientific, artistic or literary work (including computer software and databases) or of a part thereof, or the author of an invention to recognise another person as co-author or the assignee or to surrender the authorship by abusing one’s official position or threatening the author or those close to him with violence or destruction of property or injury or disclosure of compromising details - shall be punishable by a term of imprisonment for up to 3 years or a fine.” Article
2. Supplementing the Code with Article 1421 The Code shall be supplemented with the following Article 1421: “Article
3. Illegal Reproduction of a Literary, Scientific or Artistic Work, Audiovisual Work or a Phonogram, Importing, Exporting, Distribution, Transportation or Keeping of Infringing Copies Illegal reproduction of a literary, scientific or artistic work, audiovisual work or a phonogram, (including computer software and databases), importing, exporting distribution, transportation or keeping for commercial purposes of infringing copies if the total value of reproduced, kept, carried or distributed infringing copies (calculated based on the retail prices of legitimate copies) equals the amount of at least 100 minimum livings standards (MLS) or the above act committed by a group of conspiring persons - shall be punished by a term of imprisonment for up to 2 years or a fine. Article
4. Supplementing the Code with Article 1422 The Code shall be supplemented with the following Article 1422: “Article
5. Destruction or Alteration of Copyright or Related Rights Management Information The destruction or alteration of copyright or related rights management information which identifies the work, the author of the work, another owner of copyright or performer, his performance, phonogram, producer of a phonogram, another owner of related rights, as well as other information about the terms and conditions of use of the work, performance or phonogram, including all the numbers or codes that represent such information which is attached to a copy of the work, a fixed performance or a phonogram, or appears in connection with their communication to the public – shall be punishable by a term of imprisonment for up to 1 year or a fine.” Article
6. Supplementing the Code with Article 1423 The Code shall be supplemented with the following Article 1423 : “Article
7. Unauthorised Removal of Technical Protection Measures of Copyright or Related Rights Unauthorised removal of any technical protection measures, which are used by the owners of the copyright or related rights in connection with the exercise or protection of their rights as well as the manufacture, import, export, keeping, transportation or distribution for commercial purposes of appropriate devices (decoding devices, decoding cards, etc.), enabling to remove such technical protection measures – shall be punishable by a term of imprisonment for up to 2 years or a fine.” Article 6 .Amendment of Article 308 Article 308 shall be amended and set forth to read as follows: “Article
8. Unauthorised Use of Trade Marks and Service Marks The manufacture, keeping, transportation or distribution for commercial purposes of the goods marked with a trade mark or service mark identical or confusingly similar to the trade mark and service mark protected by the law, as well as reproduction, use, keeping, transportation or distribution for commercial purposes of the trade mark and service mark itself (copies) which is protected by law, without the authorisation of the holder of the trademark and service mark - shall be punishable by a term of imprisonment for up to 2 years or a fine. The said act committed on a large scale or by a group of conspiring persons, or which caused considerable damage to the plaintiff or which endangered or could have endangered human life or health - shall be punishable by a term of imprisonment from 2 to 5 years or a fine.” Article
9. Supplementing Article 3212 with Paragraph 5
10. Article 3212 shall be supplemented with paragraph 5: “The act provided for in

Article 308

of this Code shall be considered committed on a large scale where the number of illegally manufactured, kept, transported or distributed items of goods exceeds 1000 or where the number of illegally reproduced, used, kept, carried or distributed trade marks and service marks (copies) exceeds 10 000. 2. Former paragraph 5 of Article 3212 shall be considered as paragraph 6. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS