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On Thursday, the Klaipėda Regional Court announced a decision in the case of a brutal beating and attempted rape of Jurbarkiet. The court ruled that the abuser remained at large, serving a suspended sentence of three years and four months in prison.
Stay loose
As Dovilė Saulėnienė, a representative of the Klaipėda Regional Court, told the portal journalists, the court, after examining the appeals of the victims, the prosecutor and the convicted person, confirmed the decision of the Tauragė District Court to impose a sentence three years and four months to the convicted person. However, the child has an additional obligation to participate in the behavior correction program for one year.
“The court dismissed the convict’s appeal, in which he asked to be acquitted of attempted rape. However, the court ruled that an attempted rape had been made. And the appeals of the victims and the prosecutor were partially satisfied: the damage The girl’s morale increased to 10,000 euros. And due to the severity of the sentence, the convict was given the additional obligation to participate in the behavior correction program for one year. The court noted that the execution of the sentence it had been reasonably delayed because the injuries inflicted on the girl in this case were important to individualize the sentence. However, the re-socialization of the convicted person – how he was reintegrated into society, how he changed – was important in addressing the issue of postponement of the sentence he told reporters from the portal on Thursday.
According to D. Saulėnienė, the Klaipėda Regional Court received data that the eighteen-year-old abuser from Jurbarkas is positively characterized: he does not have negative behavioral habits, is not included in the risk group of children, compensated for the damage and provided evidence that seeks change: participate in therapies. According to the inmate, this act of the inmate when the minor was beaten was allegedly accidental due to irresponsible consumption of alcohol.
Trusted by fake tears
Mindaugas Vasiliauskas, the defender of the victim, interviewed by the journalists of the portal, did not hide; negatively evaluated the decision of the Klaipėda Regional Court. According to him, the legal complaint of the victims was not satisfied as expected.
“We emphasized that the confession and sincere repentance of the convicted person certainly did not occur from the beginning of the process, but only when supported by evidence; his position changed only after the interview with the victim. Initially he denied having committed crimes. These The arguments of our complaint were not taken into account, and it was entrusted, although I will be impolite, with false tears from the convicted person. Furthermore, when comparing the seriousness of the crimes, the crimes were in fact extremely dangerous, but the court put more emphasis on the personality of the accused: that he had been convicted in the past, his behavior had improved after the crime, he had graduated and found employment. But we believe that those circumstances cannot outweigh the danger of the crime committed. I will definitely recommend that my clients use the possibility of cassation, because in this situation, procedural violations and, in my opinion, violations of the law they authorize the Supreme Court of Lithuania (SCL) to accept the complaint and finally speak in this case, ”said Jurbarkas’s lawyer.
You can complain
This court decision can still be appealed on cassation within three months. However, prosecutor Aurelijus Stanislovaitis, who also appealed the decision of the Taurag decisión District Court, said during a remote conference on Thursday that such a decision, when a juvenile offender is sentenced to probation for the first time, is in line with the established jurisprudence.
“Representing the position of the Prosecutor’s Office, I missed some arguments where an assessment would be made between the dangerous nature of the crimes and the personality of the convicted person. The custodial sentence imposed is five years before its reduction by procedural provision, which is a limit that could be postponed for the execution of a minor. Therefore, these issues were referred to the appeals court so that there would not be a single judicial decision and arguments on this issue, “said the prosecutor.
When asked if it is true that the SCL often does not accept cassation appeals at all, A. Stanislovaitis said it does not have such frequency statistics. However, it confirmed the fact that, according to the law, not all appeals are accepted: there is a court for selection of cassation.
And shortness of breath suffers … Doctors specifically said that this is a consequence of the stress experienced, the trauma suffered as a result of the event.
“Cases are heard in the cassation court only for a matter of law; it is not an additional appeal instance, it is not an additional request to look again; perhaps someone thinks otherwise. This requires the formulation of requirements for the application of the law. Therefore, many times a complaint is inadmissible, “he explained.
There are residual phenomena
It is recalled that in September, after further examination of the evidence, a social conclusion was reached about the lifestyle, environment and behavior of the convicted eighteen-year-old former kickboxer. He was interviewed again.
The latest documents on the injured girl’s state of health were also submitted to the Klaipėda Regional Court. The residual phenomena after the attack in May last year still affect a minor in Jurbarkas.
Photo by Vilmantas Raupelis
“And the shortness of breath suffers … The doctors specifically said that this is a consequence of the stress suffered, trauma caused by the fact,” Mindaugas Vasiliauskas, the victim’s defender, told reporters on the portal in September.
“It just came to our attention then. At night, he continues to dream, distracted, still drooling,” on September 22, immediately after the closed-door hearing in the Klaipėda Regional Court case, the girl’s father also said , Dainius.
According to him, the daughter still has the assistance of psychologists. This year, a girl in her twelfth grade attends school, but one hardly goes anywhere, only to and from school by bus. More often, friends are invited home.
When asked if the girl has any hobbies, perhaps she started drawing again, because she did so long before the last terrible disaster at the rural tourism hacienda, which turned life upside down, Dainius said: “She has not returned yet. , not yet …”
The apology was not convincing
At a court hearing in September, a brutally beaten Jurbarkas father said he had received an apology from his daughter, but neither he nor his lawyer were persuaded by the eighteen-year-old gesture.
“The apology I know here is whether they forced him or not. He used to apologize, but he looked at the judge and now at me. And the daughter apologized, but she doesn’t want to hear anything. It’s difficult for her …” Dainius opened
“Neither the girl’s father nor I value it as the sincerity of the inmate, because from the questions that have been asked to the inmate and his answers, it is clear that he remembers and apologizes for the circumstances that favor him, and the circumstances that negatively correct their situation. he doesn’t want to tell it, ”said the victim’s lawyer M. Vasiliauskas.
Asked to repeal a crime
The Klaipėda Regional Court had to hear the case on appeal after the victims, the Klaipėda Regional Prosecutor’s Office and the convicted person appealed the decision of the Tauragė District Court.
The defender of the victim of Jurbarkas, M. Vasiliauskas, and the prosecutor A. Stanislovaitis requested that the convict be sentenced to a real custodial sentence. And the girl’s abuser, on his appeal, sought to be reclassified as one of the offenders, requesting to be acquitted of the attempted rape.
“He (the author of Jurbarkiet, aut. Past) says that he stopped committing the crime voluntarily, not because he was prevented from doing so. The guy asks you to absolve him of trying to rape. Such is his claim in the appeal filed by the convict’s lawyer, ”said D. Saulėnienė, chief communication assistant of the Klaipėda Regional Court judge, to journalists on the portal in May.
The life of a minor has been mutilated
The story that shocked the public, when a Jurbarkietė was beaten and tried to rape during a party in the Tauragė district, a rural tourism farm, took place on May 26, 2019.
The victim was initially treated at the Kaunas clinics. He was immediately taken to a rehabilitation clinic for treatment. According to experts, on the day the crime was committed, it caused not only physical pain – a broken jaw, broken teeth, but also post-traumatic stress.
Photo by Vilmantas Raupelis
The suspect was intoxicated with 1.12 per thousand of intoxication after the crime. According to the Prosecutor’s Office, the injuries suffered by the girl in the case were classified as a minor health disorder, as concluded by forensic experts, who evaluated the injuries suffered and the health consequences that arise. The suspect immediately pleaded not guilty, but only at the end of the investigation, after questioning about 30 witnesses and the victim.
Most of the surveys involved a psychologist, various examinations were carried out, and the necessary data was collected and analyzed.
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