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Various scenarios are possible in the Supreme Court. First, the appeals presented must pass the evaluation of a special commission. The selection board will decide whether complaints will be dealt with. Once the case goes to court, it is possible that the SCL itself will make one decision or another, but it is also realistic that if deficiencies are found, there would be an obligation to reexamine the case.
Such a scenario was not rejected by Mindaugas Vasiliauskas, the lawyer representing the victim: “We declared immediately after the announcement that the judicial decision was unfounded and would be appealed. We have already prepared the complaint and presented it to the selection committee, which decides everything. We hope this case is worth considering.
The decision against the condemned man was too lenient. In the appeal we emphasize what has been said above. First, by the abbreviated examination of the evidence. In this case, it could not be applied in court. But that was done and there was an opportunity to impose a lighter punishment. Not only that, it was immediately reduced by a third.
It was a mistake to recognize the mercy of the accused as an extenuating circumstance. We believe that these errors prevented the imposition of a just punishment. The SCL may compel the Klaipėda Regional Court to re-examine this case on appeal. “
The lawyer added that the goal is also for the injured girl to be sentenced by a court to 30,000 instead of 10,000. euros.
The position of the prosecution
Klaipeda Regional Prosecutor Aurelijus Stanislovaitis said on Friday that, in the opinion of the prosecution, the convict should be sentenced to a real prison term.
In the appeal, the prosecutor emphasized that the courts that heard the case had improperly applied the criminal law by unjustifiably seeing the sincerity in the confession of the convicted person and recognizing it as a mitigating circumstance and unjustifiably applying a suspended prison sentence.
“Telling the truth in the process cannot be considered sincere conduct, which justifies the exercise of the right to defense, and the application of the suspension of the sentence, even to a minor, must be adapted to the nature and gravity of the crimes committed and the behavior of the author “,
In its appeal, the Prosecutor’s Office asks the SCL to modify the sentences of the courts of first instance: annul the mitigating circumstance of responsibility of the convicted person, who confessed to having committed the act provided for in the criminal law and sincerely regrets.
The cassation appeal also seeks the nullity of the suspension of the imposed custodial sentence and the imposition of the custodial sentence on the convicted person in a correctional facility.
PHOTO GALLERY. Jurbarkis court, which brutally injured a girl
Set free
News portal tv3.lt 2020 On October 29, he wrote about the verdict announced in the Klaipėda Regional Court in the case of beating a girl from Jurbarkas and her sexual assault. Having treated such a cruel teenager, M. Icikevičius, now 18 years old, avoided a royal custodial sentence.
The district court partially reversed the lower court’s verdict. The convict asked to be acquitted of attempted rape and his request was rejected. The court ruled that the Jurbarkas girl would have to compensate the injured girl not 10,000, but 10,000. moral damage.
Also after assessing the nature of the violent crime, the court ordered Jurbarkiškis time to participate in the behavior change program.
Appeals
On appeal, the lawyer for M. Icikevičius’ lawyer, who was sentenced to probation, requested a reduction in the scope of the charge, as the convicted person had voluntarily completed one of the criminal episodes.
The Prosecutor’s Office tried to remove the mitigating circumstance that the convict had sincerely regretted it. The lifting of the parole and the imposition of a real custodial sentence were also requested. The victims demanded in court a change in the amount of non-pecuniary damage awarded.
The victim was asked to pay an additional 25,000. 5 thousand euros. EUR amounts. The girl’s father was sentenced to 2 thousand. for moral damage. It was requested to increase this amount to 5,000. euros.
Repeated risk
The previous audience discussed and recently came to the findings of a social survey that was supposed to answer the question of what is the risk that a convicted person will reoffend.
The prosecutor claimed that these findings highlighted two essential details. According to experts, the risk that the convict will act as cruelly again as he has already done is low. The truth is that it can be violent in general – the risk is already medium (on a scale from low to high – aut. Past).
After the hearing, Mindaugas Vasiliauskas, the victim’s attorney, said that the convict and the victim’s father were further questioned in court: “The convict regretted his actions. But he continued to reiterate that the crimes had not ended voluntarily. So such sayings cast doubt on his sincere piety.
The girl suffers from shortness of breath at night. All because of the stress experienced. Then treatment is continued. We present medical documents to the court. After all, the convict’s side says the girl has made a full recovery, but the experts’ conclusions deny this. “
News portal tv3.lt wrote that in the case that caused a great resonance in society, 18-year-old Mantas Icikevičius was found guilty by the Taurag District Court, but was sentenced only to a suspended sentence of three years and four months in prison.
Such verdict was appealed by the victim’s side, who seeks that the young man, who has brutally treated the girl, feels behind bars. For his part, M. Icikevičius seeks to be completely justified, because, according to him, during the attack he himself stopped his aggressive actions.
PHOTO GALLERY. Jurbarkiškis cries in court: he is accused of raping and brutally wounding a 16-year-old girl.
Conditional freedom
As already mentioned, the execution of the sentence imposed on M. Icikevičius was postponed for three years. The convicted person is obliged to continue his education and work, not to change his place of residence and not to drink alcohol for 12 months.
The boy also has to pay 5,000. EUR damages to the victim, 2 Cerdocyon. to the victim’s father and pay the costs. This conviction was appealed not only by the victim’s representatives and prosecutors, but also by the convicted person himself.
After previous hearings, M. Vasiliauskas repeatedly repeatedly that the purpose of the punishment can only be achieved by imposing a real custodial sentence.
The news portal tv3.lt previously wrote that the story of a teenager who had been brutally injured on a farm during a school party in May last year was examined in a single hearing in the Tauragė District Court.
Jurbarkis, who was not even 18 years old and seriously injured the girl, received a suspended sentence. The lawyer for the convicted Jurbarkiškis also appealed to the court of appeal. This complaint seeks the acquittal of the charges of rape of a girl.
M. Vasiliauskas, representing the victim’s family, stated then that such a move by the opponents was strange:
“It just came to our attention then. At the hearing, the person sincerely repented and confessed what he had done, and his attorney is now teaching otherwise.”
We remind you that during the court hearing, Jurbarkiškis responded positively to the question whether he pleaded guilty. This means that you have pleaded guilty in court to all the charges against you. At the same time due to a violation.
Three charges
The news portal tv3.lt wrote in November 2019 that the prosecutor of the First Prosecution Division of the Klaipėda Regional Prosecutor’s Office, who led the pre-trial investigation during which the circumstances of the events at the tourist house were established rural district in Tauragė, transferred the case to the Tauragė District Court.
The 17-year-old from Jurbarkas was charged with three articles of the Penal Code: attempted rape of a minor, sexual abuse and serious illness, according to a press release issued by the Attorney General’s Office.
The pre-trial investigation began on May 26, 2019, when a 16-year-old girl was beaten at a rural tourism farm in the Taurag distrito district. During the six months of the pre-trial investigation, three dozen surveys were conducted, most of which also involved a psychologist, and various examinations were conducted and the necessary data collected and analyzed.
The findings of the forensic and psychiatric experts obtained during the preliminary investigation indicate that the injuries suffered by the injured girl and the resulting consequences for her health can be classified as minor according to legal criteria, for which the 17-year-old was charged under article 138 (1) of the Penal Code. mild health disorder. Other complaints have been made for serious violent crimes.
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