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The Court of Appeal examined this issue after H. Doctor appealed against the decision taken at the Kaunas District Court in February.
The court indicates that the progress of the convicted person in reducing the risk of recidivism is not enough, H. Doctor is inclined to look for circumstances that justify his behavior.
“Evaluating the totality of the established circumstances, it is concluded that the Kaunas Regional Court rightly recognized in the contested judgment that, despite the declared positive characteristics of the convicted person, the current progress in reducing the risk of recidivism is insufficient and not No they constitute reason so that when changing the life sentence for a prison sentence, the purposes of the sentence are fulfilled ”, the appeals court ruled.
The ruling establishes that the proper conduct of the convicted person is not an absolute condition that can lead to a judicial decision, it only creates preconditions to believe that the convicted person adjusts his conduct in the right direction.
Also discussed is the conclusion of H. Doctor’s social research, which states that he tends to act quickly, does not always choose the right behavioral strategies and does not consider all the consequences of his actions.
“Although the convict claims to recognize the social factors that could encourage criminal behavior in the future, he performs activities that are pleasant and beneficial to him. In addition, the conclusion of the social research affirms that although the inmate is capable of analyzing the situations that led to violations of the law, he is inclined to look for self-justifying circumstances (he grew up in such an environment, there were moments like this). , etc.) ”, states the ruling.
This is the second presentation of its kind prepared by the Pravieniškės Correctional Center at the request of H. Daktaras.
In December 2019, the Kaunas Regional Court rejected the provision of the correctional facility and ruled that at that time there were no grounds to commute H. Doctor’s sentence.
Later, the court held that the convicted man’s conduct in the prison was not flawless, and he himself, even more than 20 years after the very serious crimes for which he was serving his sentence, did not admit his guilt and considered that he had been convicted. unreasonably harshly.
At the beginning of January last year, the Lithuanian Court of Appeal confirmed this decision and stated that the mere fact that H. Daktaras had already served more than 20 years of life imprisonment did not constitute grounds for modifying the sentence imposed.
H. Dr.
The start of H. Doctor’s incarceration is considered to be the year 2009, but the time spent behind bars according to previous judgments of the Vilnius Regional Court in February 1997 and December 2006 is also included in the sentence.
In December 2008, the court allowed the doctor to be arrested, but he went into hiding and was not arrested until the following autumn in Bulgaria, near the city of Varna.
According to amendments to the law approved by the Seimas in spring 2019, a person sentenced to life imprisonment can request a judicial review of his sentence after 20 years in prison. After evaluating the conduct of the convicted person, the court can impose a prison sentence of five to ten years.
These amendments were adopted in compliance with the judgment of the European Court of Human Rights. In 2017, the Strasbourg court found that Lithuania violates the rights of people sentenced to life imprisonment, without creating any real possibility of their being released.
If the court decides not to satisfy the prison, the custodial sentence can be reapplied after one year.
The order of the Court of Appeal is not subject to appeal.
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