The article analyses issues related to the legal regulation established in the Criminal Code of the Republic of Lithuania that hinders the proper implementation of the Principles of Humanity and Justice. The aim of this article is to provide an analysis of the problematic aspects of criminal law provisions that restrict the possibilities of applying proportionate and humane criminal liability and to propose possible solutions. Accordingly, the subject of the paper covers the provisions and institutes of the Criminal Code, which cause the greatest challenges to achieve humane, just and proportionate criminal liability. The conducted analysis has demonstrated that the mitigation of penalties by courts under Article 54(3) of the Criminal Code is particularly frequent in certain categories of criminal cases, suggesting an excessive severity of the sanctions prescribed by the legislator in the Special Part of the Criminal Code for various criminal offenses, therefore, necessitating legislative review and mitigation. Another flawed and excessively repressive provision in the Criminal Code is the recidivist institute. Recognizing a person as a recidivist not only stigmatizes them but also raises serious concerns regarding its practical utility and potential contradiction with the non bis in idem principle. Finally, it is worth considering the possibility of introducing legal provisions allowing courts to impose several mutually compatible penal sanctions instead of a single penalty. Additionally, certain disputes arising from criminal offenses could be resolved through mediation procedures. Undoubtedly, these measures would contribute to the enhancement of an effective, humane, and just criminal justice system.
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