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In the final and unappealable judgment of the SCL, Mr. Gineikaitė was fined 9,415 euros. The Court of First Instance had assigned him 20.7 thousand euros. on appeal, it was reduced to 13.2 thousand euros on appeal. euros.
The SCL also revoked the criminal measure imposed on the former head of the NJT: to be appointed or elected to a higher position for three years.
According to the judge who heard the Pranas Kuconis case, the fines imposed on other people convicted in the case were also reduced – Gediminas Abeciūnas, former director of the then Kaunas Clinical Hospital, former MP Kastytis Grigonis and Artūras Šulnis, a doctor at this hospital. he was released from responsibility.
G. Abeciūnas was assigned 13.1 thousand. The fine was reduced to € 11,298 and LTL 11.2 thousand was imposed on K. Grigonis. A. Šulnis was fined up to € 7,532. a fine of up to 1,883 euros.
3.7 thousand were assigned to S.Skersiene. The fine of 1,000,000 euros was lifted.
According to P. Kuconis, a total of five appeals were received in the case, which raised many questions of law enforcement.
“Some of the issues raised in the cassation appeals were left unexamined because they did not comply with the requirements of the Criminal Procedure Code for cassation grounds, part of the cassation appeals are rejected (…) to change,” said the judge by SCL.
Convicted twice for the same crime
The first of these statements is related to the prohibition to punish a second time for the same act, which in the opinion of the SCL, was violated in this case.
“These violations were examined and analyzed by the Kaunas district and regional courts, in fact acknowledging the violation, but did not take any action to correct the violation,” said P. Kuconis.
According to the judge, the pre-trial investigation was initiated from the beginning for abuse of office and falsification of documents, but the investigation of the crime revealed that the documents had not been falsified, therefore the pre-trial investigation for this fact.
The prosecutor in charge of the investigation then initiated an administrative process for falsifying data or evidence in the administrative case, while continuing a pre-trial investigation for abuse of power.
“There was a situation in which the same act was the subject of an administrative process and some of those convicted were fined, some were suspended and some were prosecuted for abuse of power,” said the judge.
In the administrative case against D. Gineikaitė and the hospital directors, the proceedings were terminated and A.Šulnys and S.Skersienė were fined.
“The same actions have received a double legal assessment. On the one hand, an administrative offense, on the other hand, a criminal offense. Well, this double prosecution is prohibited both by our Constitution and by the Convention, as well as by the fairly extensive jurisprudence of the European Court of Human Rights in this matter, ”said P. Kuconis.
S.Skersienė was initially interviewed as a witness
Ms Skersienė, who worked as a nurse, was exempted from criminal responsibility precisely for a violation of this principle and because, for the first time in a case in which she was found guilty, she was interrogated as a witness by the forces of order.
“Although the nurse, when she was questioned as a witness, she was told that she might not testify about herself, but here she was warned about criminal responsibility for giving false testimony and responsibility for refusing or avoiding testifying,” the judge said.
Mr. Kuconis emphasized that forcing a person to testify against himself is prohibited by both the Constitution and the Code of Criminal Procedure.
According to him, the prohibition imposed on Mr. Gineikaitė by the court of first instance to hold a managerial position should have already been lifted by the court of appeal, which determined that he had committed the crime acting as an individual and acquitted him of the act committed in the performance of their duties.
“This criminal measure was revoked because there was an error in the appeals court,” said the judge.
D. Gineikaitė and those then responsible for the hospital and his doctors were convicted of mistreatment, when in 2015, after the accident, D. Gineikaitė’s blood sample was falsified to avoid detecting intoxication.
The then NJT director was found to have an average drunkenness of 1.69 per thousand after the accident. The court subsequently found her guilty, fined her, and disqualified her from driving for several years.
Two of her blood samples were taken at the hospital, the second the next day, and the nurse exchanged them.
A. Šulnius admitted in court that he had asked the nurse to take a second blood sample, and S. Skersienė said that he had decided to exchange them. The other defendants did not fully admit their guilt in court.
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