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The decision to leave early was not supported by everyone
R. Gutauskas was caught behind bars in December 2015 by a decision of the Vilnius Regional Court after he was found guilty of embezzlement. Adding the sentences imposed in other cases, he was sentenced to a final cumulative sentence of 6 years and 6 months in prison.
R. Gutauskas should be released on February 28, 2021, but he wants to do it now. An inmate takes the opportunity provided by law to request early release, but the courts do not accept it.
The last time the Alytus District Court rejected the decision of the Correctional Institution Parole Commission to apply parole to R. Gutauskas on May 12 of this year.
However, the commission was not unanimous in making this decision. Of the five members of the commission, one voted against the condemned parole of the convicted person.
The prisoner goes home on the weekends.
The convict, who had 9 months left before his release, appealed the verdict before the Kaunas Regional Court. In his complaint, he alleged that this judicial verdict was too severe and that a positive change in his personality had not been properly evaluated. It is alleged that mistakes made in the past should not be considered as characteristic material.
The prisoner also recalled that “he has been encouraged several times, actively participates in events organized by the correctional institution, organizes various events and public welfare campaigns, and is a volunteer for public works.”
“The convict points out that he has a spouse, a young son, he does not have harmful habits, he is not a perpetrator, he is serving his sentence in a rehabilitation center in Alytus, he works, he has the opportunity to go home on weekends.” The Alytus District Court did not evaluate these data that characterize the convict positively, but evaluated him only from a negative side, ”says the ruling of the Kaunas Regional Court.
He has been convicted up to 9 times in the past.
“The data in the material presented for the examination of the complaint confirms that R. Gutauskas has submitted a request to the Parole Commission and has served the part of the custodial sentence imposed by law, which basically forms a formal basis to consider his conditional release from the correctional institution. However, these formal reasons alone are not sufficient for his conditional release from the correctional facility, “said the court that heard the appeal on June 15.
It is observed that after evaluating the risk of re-conviction of R. Gutauskas according to the OASys methodology, it was established that the risk of his criminal behavior is average: 48 points (on a scale of 41 to 99), but this is not It’s enough.
“The progress of a convicted person in reducing the risk of his criminal behavior must be obvious and convincing that he / she is ready to pursue his or her life goals only legally,” decided the Kaunas Regional Court Chamber .
According to the court, R. Gutauskas was previously convicted 9 times, of which he was only 16 years old for the first time.
“He was previously convicted of violent crimes, all convictions are for intentional crimes. During the postponement of the sentence, he committed a new crime, he committed new crimes as soon as the trial period expired.
The current crime is part of the convict’s characteristic criminal model, which shows that the crimes committed by him are not accidental, are carried out in a systematic and arrogant way, despite accepted moral and behavioral norms in society “, R. Gutauskas defined the regularity of the crimes.
Tested in another case
For G. Gutauskas, the doors to freedom were not opened prematurely for another reason. The Kaunas Regional Court, which examined his complaint, found that this prisoner was involved in another criminal case, which is currently being heard in the Marijampol District Courtė.
“You are fraudulently accused of attempting to acquire high-value property for your own benefit and that of other accomplices and unidentified persons during the pre-trial investigation.
All of these circumstances provide a basis for concluding that the convict’s problem-solving skills are too weak, and when he makes decisions, he cannot always consider the future consequences of his behavior, he has not learned from previous experience, “said the Regional Court of Kaunas in the final and final appeal.
This means that even if she is not released from the current prison of a freer regime, the singer Laisva’s husband may end up in prison again due to the currently pending criminal case and the accusations made against him.
Delfi tried to contact R. Gutauskas’ wife, Donata Gutauskiene-Laisva, about this issue, but the artist declined to comment on the situation.
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