Teisės apžvalga / Law Review

Editorial board

Wed, 04 Sep 2024 00:00:00 +0300

Cross-border acquisition of digital data in criminal proceedings. State of play and measures taken by the European Union and the Council of Europe

Michal Gebicki — Wed, 04 Sep 2024 00:00:00 +0300

The rapid development of technology has equipped us with a wide range of devices that accompany us in our daily lives. Each of these devices leaves behind a specific digital footprint, taking the form of digital data. This makes it possible to determine, for example, our location, how long we use the device or what content we download, store or transmit using our device. All of this data can then be used as evidence in criminal proceedings, which has become increasingly common in recent years. This does not only apply to crimes committed entirely via ICT networks, but also to more traditional crimes where traces are left behind in digital form. However, digital data is far different in nature from the evidence traditionally used in criminal proceedings. Prompt action by the authorities is essential to be able to obtain them and protect them from destruction or modification, even more so than for other sources of evidence. Existing methods of obtaining such data, especially cross-border acquisition, do not take into account the specific nature of digital data, as they are too time-consuming. In addition, existing cooperation frameworks are often fragmented and incomplete, which makes it all the more difficult to obtain such data efficiently. This often makes it difficult or even impossible for the authorities to achieve one of the basic objectives of criminal proceedings - identification and conviction of the perpetrator. Unfortunately, these issues are not widely discussed, despite their considerable importance for practice.

This article, due to the extensive and multifaceted nature of the subject matter discussed, cannot be treated as an exhaustive study of the issue. It is, however, a concise introduction to the problems related to the definition of digital data, methods of their cross-border acquisition and measures taken in order to improve the possibility of their acquisition by authorities conducting criminal proceedings.

The intersection of artificial intelligence and copyright law: challenges and innovations

Justyn Kicel — Wed, 04 Sep 2024 00:00:00 +0300

Artificial intelligence (AI) has recently become an indispensable aspect of contemporary life, impacting a diverse range of individuals from students to practicing lawyers. The scope of AI applications is extensive, encompassing tasks such as idea generation, research, image creation, automation of daily processes, and enhancing human functionality. While these innovative technologies offer substantial benefits, they also pose significant challenges that need to be addressed. The legislature, executive, and judiciary all play crucial roles in managing the risks and issues associated with AI. Effective regulation is essential to tackle these problems and ensure the safe integration of AI into society.

Key challenges associated with AI include civil liability, deep fakes, data protection, ethics, transparency, and intellectual property rights. This article aims to identify the primary challenges that legal systems face due to the rapid development and deployment of AI, with a particular focus on copyright and transparency issues. Transparency involves the need for clear and understandable AI processes, while copyright concerns relate to the rights associated with AI training and AI generated content.

The article also examines current legislation and case law pertaining to AI from various jurisdictions, including the European Union, the United States, the United Kingdom, and China. By analysing these legal frameworks, the article provides a comparative perspective on how different legal systems are adapting to AI. Through this analysis, the article aims to contribute to the ongoing discussion on effectively regulating AI and, if necessary, offers general recommendations for improving AI regulation in Lithuania.

Surrogacy versus artificial womb technology: the future of reproduction in the European Union

Katarzyna Osmenda — Wed, 04 Sep 2024 00:00:00 +0300

Author of this article discussed the issue of surrogate motherhood laws and practices in the European Union, and tried to consider whether the artificial womb technology (AWT) could constitute an alternative in terms of assisted reproductive technologies (ART) and other means of treating infertility. For the purpose of answering this question, a formal-dogmatic approach was applied. In order to provide necessary context, the legislative research was supplemented by the case law and secondary source research as well.

Part one provides a brief explanation of the artificial womb technology. It begins with a general understanding of ectogenesis, followed by a description of current AWT research, both in terms of medical sciences and the legal and ethical considerations carried out by different authors.

Section two is dedicated to the phenomena of motherhood and surrogate motherhood. Author presents several definitions of “mother”, including a gestational, biological, genetic, social, and legal one. The attention is also drawn to the legal definition of a mother on the example of selected EU countries. In order to provide a better understanding of possible motives behind the introduction of mater semper certa est principle into the applicable law, Author refers to the amendment of the Polish Family and Guardianship Code from November 6, 2008, along with the explanatory memorandum to this amendment. Lastly, the concept of surrogate motherhood is explained.

Part three discovers surrogate motherhood laws in different countries of the European Union. The diversity of approaches toward surrogacy is classified in the following manner: legalization of surrogacy (complete and partial), prohibition of surrogacy (complete and partial), and no regulation on surrogacy. Established classification is followed by examples of Cypriot, Spanish, and Belgian law

It has been furthermore emphasized that, despite the inconsistency of the EU countries’ law, surrogacy is still practiced and leads to various consequences in terms of, for example, legal recognition of parenthood. In this section, Author referred to the European Court of Human Rights’ cases.

In the last part, most frequent critiques of surrogate motherhood are recalled: the high risk of commodification and commercialization of the human body, possible exploitation of women, and legal uncertainty of a child born through a surrogacy agreement. Author tries to assess whether AWT is devoid of them and therefore could constitute a less hazardous option when utilized for reproduction purposes, bearing in mind its possible consequences.

Body donation laws and practices within the perspective of future European taphonomy research

Agnieszka Froch, Katarzyna Osmenda — Wed, 04 Sep 2024 00:00:00 +0300

Authors of this article discussed different body donation laws and practices on the example of two selected countries conducting the decomposition research – the United States and the Netherlands, and one country where such an initiative still remains unlawful – Poland. The formal-dogmatic approach with both the legislative and secondary sources research has been applied by the Authors hereinafter.

In 2023, Authors of the paper conducted a preliminary research at the Forensic Investigation Research Station (FIRS) in Grand Junction, Colorado, with a purpose of assessing the viability of a decomposition facility in Poland. Various legal solutions regarding whole body donation were investigated in order to highlight their strengths and weaknesses, not only within the perspective of future taphonomy research, but also as for one’s autonomy. Each section of the paper explores the legal basis for body donation and body donation programs (BDPs) of different universities.

Section one of the article provides a general understanding of organ and tissue donation, as well as whole body donation. Part two refers to body donation in the United States and includes the analysis of the Revised Uniform Anatomical Gift Act and body donation program on the example of the FIRS. Part three explores body donation laws in the Netherlands, as well as body donation program of the Amsterdam Research Initiative for Sub-surface Taphonomy and Anthropology (ARISTA). Section four, on the other hand, not only introduces Polish body donation laws, such as the Cemeteries and Burial Act or selected orders of the Ministry, but also presents general characteristics of medical universities BDPs and their most common provisions.

Juvenile justice in Lithuania - do current criminal law measures and the practice of their implementation appropriately correspond to the reasons and trends of criminal juvenile behaviour

Vidas Krušinskas — Wed, 04 Sep 2024 00:00:00 +0300

This article examines the issues related to the implementation of criminal liability for juveniles and the prospects of juvenile criminal justice in Lithuania. The aim of the article is to analyse and reasonably assess the current issues related to the juvenile criminal justice in Lithuania as well as to identify potential areas for improvement in this area. In order to achieve these goals, the author aims to comprehensively analyse the peculiarities and shortcomings of the legal regulation established in the Criminal Code of the Republic of Lithuania, the challenges that arise in the case law of juvenile criminal cases, and the statistical data about the trends of registered and latent juvenile delinquency as well as the insights of law, criminology and other scientific disciplines on the subject matter. The analysis of the trends of juvenile crime and delinquency during the last 16 years has shown a sharp decline of registered juvenile crime cases and the fact that serious crimes committed by the juveniles are very rare. Also, it was observed that with every year they become even less widespread. However, latent juvenile delinquency rates in Lithuania during the last decade and a half have stayed almost unchanged. The analysis has also shown that, in practice, the peculiarities of juvenile criminal responsibility and the specific needs of juveniles are often not adequately considered when prosecuting them and imposing punishments or other measures, and if these peculiarities are taken into account, it is often done in a limited and incomplete manner. The conclusions are drawn that courts, applying criminal liability, should pay more attention to the principal provisions on the peculiarities of the juvenile criminal liability, and take greater attention to the specificities and needs of juvenile offenders. Moreover, courts should further restrict the use of criminal penalties and apply educational measures more often. It is also important to note that cases when Lithuanian courts implement the peculiarities of the criminal liability of juveniles to young adults, despite the scientific achievements that encourage to do so, are quite rare. Therefore, courts should evaluate the social maturity of young adults (18-21 years) and the possibility of applying the specificities of juvenile criminal responsibility more carefully. Meanwhile, the legislator should consider exempting juveniles from criminal liability in cases of serious crimes as well (i. e., when the crime, committed by a juvenile, is formally considered serious, but in reality, the crime itself and the offender do not pose a high danger). Finally, in cases of less serious or reckless offences, it should be the duty of the court and not a matter of its discretion to consider the exemption of juveniles from criminal liability.

Editor's note

Wed, 04 Sep 2024 00:00:00 +0300