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An enigmatic deal
The prosecutor agreed that Ignas Nakčiūnas from Kaunas, who had offended the student from Turkey, would be released from criminal responsibility because they had reconciled. However, he requested the destruction of the defendant’s shoe, which had become a tool in the crime and was found among the evidence in the case, as evidence that his traces had been found in the victim’s car.
Such a nuclear node became possible after I filed the damages agreement signed by the victim and myself in court. Nakčiūnas. According to him, it was agreed that the Turkish citizen would sell his damaged car during the attack on the accused’s workplace – UAB “Autodalys”. And the latter will pay € 3,750 for this Renault Megane. EUR 3 thousand – for its value, 500 – as a moral reward and 250 euros – as loss of income, because the victim who studies at the Kaunas University of Technology works as a taxi driver in his spare time.
“However, this document does not meet the requirements, since it does not contain the signature of the company representative. I do not know how it will be formalized in accounting,” the judge who heard the case, Alvydas Rimkevičius, initially tried to replicate it. However, I. Nakčiūnas assured that he had already paid with his workplace, that he had bought the victim’s car three weeks ago.
Guilty alcohol?
Kauno diena wrote that this instructive story happened in one of the courtyards of an apartment building on Pašilės street, where the 2020s were first known.
I. Nakčiūnas, 32, who has caused legal trouble, lives there. The Turk, who had been studying in Kaunas for several years and had victim status in his case, had come to meet his friends for the New Year.
The criminal case of public intimidation of a person by this nationality ended in a conflict between the two in the first half of this year. After him, I. Nakčiūnas, who was detained by witnesses to this incident, who then turned him over to police officers, received a slight intoxication. The Turkish citizen was sober.
The intoxicated I. Nakčiūnas, who tends to put all the blame on alcohol, was surprised by the fact that the guest, who looked a little different from him, had blocked the entrance to the courtyard with his car.
I. Nakčiūnas, who apologized to Turkey and bought his dismissal, avoided photographic lenses.
Counterattack of the victim.
According to a witness, whose testimony was made public, he was unable even to fall asleep after the attack by I. Nakčiūnas. Yes, it was scary then.
Her friend also told police that an unknown aggressive Lithuanian was outraged that her opponent did not speak Lithuanian. And after that, in the language of the Angels, he ordered that, who had not answered anything, be expelled from Lithuania, because it had no place here.
These words that offended the Turkish were accompanied by actions.
I. Nakčiūnas was accused in a public place of demonstrating disrespect for others and disrupting the seriousness and order of society during his own conflict over parking in the parking lot, namely: deliberately kicking the victim’s car at least six times, damaging his hood, left and right side rear view mirrors and left front doors, and then a couple more times with the fist to the neck and the car owner, causing him physical pain, public ridicule and contempt for degradation and their dignity and national self-esteem.
Under Lithuanian law, reconciliation in this case was possible during the pre-trial investigation. However, the Turkish citizen estimated the damage done to him at 3.3 thousand. – Provided a certificate from one of the consulted auto repair shops on the cost of new parts for your damaged car during the incident.
Legal niceties
According to the prosecutor of the Kaunas District Prosecutor’s Office, Renata Oželienė, who led the pre-trial investigation, it was the victim’s claim that led to the transfer of the case to court, where it had to be proven, even without considering the possible reconciliation between the accused and the victim.
In addition, the Turkish citizen hinted that he intended to seek moral redress for this racist attack, according to him, which had offended him greatly.
The Penal Code establishes up to two years in prison for publicly mocking a foreigner for his nationality. For a violation of public order, too.
The Penal Code also provides for reconciliation in the case of these minor offenses. However, one of the prerequisites is full admission of guilt. “But in presenting evidence in court, you did not fully admit your guilt,” Judge A. Rimkevičius reminded I. Nakčiūnas. Prosecutor Viktoras Kazlauskas, who replaced a colleague on vacation yesterday, offered to question the accused again. Anyway, with the help of a judge, she managed to extract from him that she fully admits her guilt and evaluates her actions negatively.
“I was intoxicated, tired from hard work and full of things anyway. I would not have behaved soberly,” was I. Nakčiūnas’ explanation. However, he went on to say that he did not recall kicking his opponent’s car and insulting him. But witnesses say so, so they confess because they could have.
Although the accused (from left) and the victim were formally reconciled, they were ignored in the courtroom.
The solution is next week.
After giving the victim the floor, he said through his Lithuanian translator that he thought his abuser had admitted his guilt and understood what he had done.
After moving on to the final speeches in this case, Prosecutor V. Kazlauskas emphasized that the main issue was not evidence, but punishment for the accused. And he did not object to I. Nakčiūnas being released from criminal liability by conciliation, because all the conditions provided in the Penal Code were met: not only was it illegal, but also unpunished for administrative offenses, he confessed, apologized and compensated the damage.
After giving the word to the victim, she said she hoped the defendant would no longer try to treat a foreigner living in another country in this way, and it is very difficult. Furthermore, this Turkish citizen stated that he believed in Lithuanian law. And although they have been raped by a Lithuanian, the court will not find the foreigner guilty of it.
I. Nakčiūnas himself, after giving him the right to the last word and asking what he was asking of the court, suddenly declared: “Nothing”. However, this was said after he was ordered to shake hands with the victim, whom he did not even look at during the hearing.
The court ruling in this case will be announced next week.
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