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The case found that Ms Andrejeva had 61 packs of multi-name cigarettes at her place of residence, in violation of the legal regime that allows natural persons to store unstamped tobacco products in quantities not to exceed 10 packs per person, when the goods are imported. from third countries, or more than 10 packs of cigarettes, i.e. an unlimited number if there are no more than 2 packs of one type (name) of cigarettes.
The woman, who assumed administrative responsibility, did not plead guilty at the court hearing and explained that she had these cigarettes for a long time, brought to her by friends, some of which she bought herself. He considered that all the cigarettes had been bought in violation of the law and therefore requested their removal.
However, after examining the evidence gathered in the case, the court determined that Ms. Andrejeva’s guilt for the misconduct had been proven, but as the Authority had misapplied the law governing transportation rather than possession of cigarettes by classifying the actions of Ms Andrejeva, the court corrected this error.
In imposing the administrative penalty, the court took into account that Ms. Andrejeva had committed an administrative offense, had no data on her previous administrative offenses, a mitigating circumstance, and no aggravating circumstance, and concluded that the objectives of the administrative penalty would be achieved through the imposition of a minimum sanction, the expected fine – 400 euros together with the administrative sanction measure – confiscation of 61 packs of cigarettes of different names.
This decision can be appealed to the Klaipėda Regional Court within twenty days from the date of dispatch or issuance of your copy via the Klaipėda City Council of the Klaipėda District Court.
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