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On 3 November last year, the Kaunas Regional Court, in the first instance, convicted L. Lukoševičius, who had been convicted 4 times before, of killing another person by torture on the grounds of hooliganism, that is, from 2019. April 29 2 pm to 2019 May 2 5 pm 24 min. In the chamber-type premises of the Marijampolė Penitentiary Center, on the pretext of inferior conduct, alleged misconduct by EJ (talking, sniffing, making noise, placing food on his plates), in addition to making fun of the latter, he ordered to kneel on the floor with raised hands), intentionally hit EJ with at least 20 blows to the legs, arms and head with a metal rod.
The constant and prolonged beating, the use of a harmful tool, a metal rod, and the numerous bodily injuries caused great physical suffering to the victim.
EJ, who was only 28 at the time, suffered multiple bruises on various parts of his body. How 15 minutes He later told the father of the murdered EJ, the son’s body could not be identified – it was all swollen and blue.
Eriko Ovčarenko / 15min nuotr./Lukas Lukoševičius
After three days of torture, after sustaining a serious head injury, EJ fell into a coma and was transferred to a medical center. After the blood spilled into his brain, in 2019. May 3 6.10 pm Death has been reported at the University of Lithuania Health Sciences Hospital at the Kaunas Clinics. At that time, the murderer L. Lukoševičius was only 18 years old.
The officials did not see or hear anything for three days.
The official inspection initiated at the Marijampolė Correctional Facility at that time did not reveal possible violations by the officers due to the protection and supervision of the convicts, although it is difficult to see how the prisoners were also well acquainted with the acute method of L. Lukoševičius, that he had “won” more than 80 sentences in the penitentiary.
Victim’s father 15 minutes He assured that the situation conducive to the murder, and created by the prison staff themselves, could have been a failed end to the games of the operatives, since placing prisoners of two different castes in a cell was a great risk. According to him, EJ was tortured just because he was weaker.
And L. Lukoševičius himself assured the officers in court that he had warned that if he did not remove EJ from his cell, he would continue to use violence. Officials saw injuries to the victim’s face and legs, according to the convict’s testimony in court. L. Lukoševičius assured that when he hit the victim, the entire floor rang.
After examining all the circumstances of the case, finding extenuating circumstances (he admitted killing and regretting) and aggravating circumstances, the Kaunas Regional Court sentenced L. Lukoševičius to 15 years in prison last November. The father of the murdered EJ was ordered to pay 10,000. moral damage.
The sentence imposed is appealed
Disagreeing with such a decision by the Kaunas Regional Court, the convict appealed against the sentence. On March 22 of this year, the Lithuanian Court of Appeal adopted its verdict. On appeal, the defense attorney for L. Lukoševičius requested the commutation of the sentence imposed by the Kaunas Regional Court.
The appellant alleged that the court of first instance, by imposing a sentence on the convicted person, did not comply with the general grounds to impose sentence and violated the principle of justice. It is true that he did not detail the possible violations, he only stated that the Kaunas Regional Court did not recognize the criminal responsibility of the convicted person as a mitigating circumstance that he had committed a limited charge.
Furthermore, in the defense’s opinion, when resolving the issue of the mitigation of the sentence imposed on L. Lukoševičius, it was necessary to take into account the fact that his criminal actions were partly influenced by the inadequate conditions to hold the convicted persons at home. Apparently, the convict was not receiving any treatment at the prison, although he recommended such treatment and care, which was very necessary for him and was not subject to programs to control outbreaks of aggression.
Defense attorney for L. Lukoševičius stated that he had committed a limited charge.
On the contrary, according to the defense attorney, a weak convict who could not resist was placed in L. Lukoševičius’s cell, thus creating the conditions for uncontrollable outbursts of anger. This was allegedly one of the reasons for the serious consequences of the crime.
The complaint was rejected
The Lithuanian Court of Appeal decided to dismiss the appeal of the defense attorney for the repeat offender. According to the judges, the inmate was fully anticipating his actions, he knew that beating was punishable and the use of physical violence against other inmates was prohibited, so knowing this, he beat the victim at the end of the inspection hours.
Furthermore, the criminal conduct situation was investigated in a specific case and was found to be neutral and minimally provocative, that is, the situation did not seriously traumatize or degrade the dignity of L. Lukoševičius, nor did it threaten his life when a sudden decision had been made. produced. to be made. L. Lukoševičius controlled and predicted their behavior.
The characteristics of the prisons and pretrial detention establishments show that the personality of the convicted person is also negatively described. They claim that he is impulsive, immature, prone to dominate, to conflict with officials. It is observed that in stressful situations intense expressions of anger are observed, work motivation is negative, they do not participate in social rehabilitation programs, they do not follow the points of the individual plan.
Therefore, the Lithuanian Court of Appeal rejected the appeal of the defense lawyer for L. Lukoševičius; the 15-year prison sentence remained in force. It is true that the convicted person must spend a total of 15.5 years behind bars, since this sentence was combined with the previous part of the sentence that was imposed and did not comply.
Photo of the Ministry of Justice / Modernized building of the Marijampolė penitentiary
Initiated a pre-trial investigation.
15 minutes remember that when the story was described on the portal last November (15 minutes published article “The father of a prisoner who died in a correctional facility for 18 years:” That sadist tortured him for 3 days and everyone pretended not to listen. “”), The Immunity Division of the Penitentiary Department decided to look at the situation with new eyes – 1.5 years after the crime was committed, an official inspection was started (the previous one, carried out immediately after the murder, was carried out by the Marijampolė Correctional Institution itself bliss.
During the official inspection initiated by the Immunity Division of the Department of Prisons, it was established that the Marijampolė Correctional officials did not fulfill their functions or performed them negligently, for which reason it was proposed to address the issue of evaluating their performance. officers.
This year sA pretrial investigation was announced on January 13..
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