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How 15 minutes First described, the doctor Aivaras Miltenis was engulfed in a whirlwind of inconvenience after the Klaipėda prosecutor’s office declared him a suspect in the Dovilė Didžiūnaitytė death case. If a doctor became a real headache for the Kretinga municipality, with which a tripartite agreement has been concluded.
The plaintiff The municipal administration of the Kretinga district asked the court for a claim for damages of 26,129.42 euros, fines of 7,838.83 euros (fines), an annual interest of 5 percent from the date of initiating the procedure in the court until full sentence. compliance and legal costs.
The applicant stated that in 2013 between the applicant, a doctor and the Kretinga Hospital a tripartite support agreement for the study was concluded, under which the applicant agreed to provide financial support for the studies of a defendant studying a program from five-year medical surgery and to get a job at Kretinga Hospital no later than one month after graduation. and work on it for at least five years with at least one publication.
The defendant failed to fulfill his contractual obligations: after graduation, he worked only for one year instead of the planned five.
The Court of First Instance upheld the action in part and awarded damages in the amount of EUR 20,467.17, a fine of EUR 6,140.15, annual interest at a rate of 5% of the amount of EUR 26,607.32, and suspended the sentence for 6 months. The district court reduced the damages claimed and the fine in proportion to the year worked in the defendant’s hospital.
Instantly understand
- The disaster occurred on November 20, 2017. 7 p.m. 35 min. D.Didžiūnaitytė’s body was found on the pavement of Klaipėda Naujojo Sodo Street.
- The mannequin fell from the 14th floor common balcony. Producers Ričardas Pinikas and Aivaras Miltenis were with D. Didžiūnaityte during the accident.
- Allegations of the model’s death were made to the producer on February 26, 2018.
- In October 2018, it was announced that doctor A. Miltenis’ DNA had been found in the model’s body.
- In May 2019, the Klaipeda Prosecutor’s Office decided to carry out a post-mortem psychological examination of the model. G.Černiauskas, a lawyer representing the interests of the family, appealed against the results of the examination.
- In the early summer, allegations were made against the second suspect, Aivars Miltenis. R. Pinik is suspected of hitting the girl, he is also suspected of distributing drugs by delivering them to the deceased, as well as to witnesses to the impact.
- Following the denial of the model’s murder allegations, the family filed a second complaint. He was fired in early August.
The appellants and the defendant A. Miltenis filed appeals. The applicant requested an order for damages and fines and did not agree to the suspension of the sentence. The accused, for his part, appealed only the part of the sentence that grants 5%. interest, and agreed in principle to most of the action.
The panel of judges, which examined the case on appeal, reversed the district court’s decision and upheld the claim in its entirety, awarding the plaintiff € 26,129.42 for damages and a fine of € 7,838.83, plus 5%. procedural interest amount.
Photo by J. Andriejauskaitė / 15min / R.Pinikas and A.Miltenis (right)
In rejecting the defendant’s request for failure to pay the plaintiff’s interest, the district court stated that there was no reason not to grant procedural interest, especially since there was no evidence in the case file that the defendant had paid at least part of damages or fines. Neither the financial restrictions imposed on the accused in the criminal proceedings before him justify the non-adjudication of procedural interests.
The decision of the regional court will take effect from the day of its publication, but within 3 months it can be appealed in cassation before the Supreme Court of Lithuania.
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