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The decision to refuse to initiate the pre-trial investigation was made after examining the statement of the President of the Lithuanian Jewish Community (Litvak), who stated that on International Holocaust Remembrance Day, the Seimas member, historian V .Rakutis published an article perhaps publicly incited hatred towards Jews because of their nationality, and possibly denied the Holocaust.
The complainant requested an assessment as to whether the allegations published in the article did not constitute a crime under article 170 of the Penal Code. 2 d. (Incitement against any nation, race, ethnicity, religion or other group of people) and Art. 170-2. 1 d. (Public acceptance of international crimes, crimes of the USSR or Nazi Germany against the Republic of Lithuania or its inhabitants, their denial or flagrant denigration).
After evaluating the data collected, it was established that the actions of V. Rakutis are unintentional.
The decision to refuse to initiate a pre-trial investigation establishes that article 170 of the Penal Code. 2 d. and Art. 170-2 1 d. foreseen offenses can only be committed with direct intent.
And the data collected during the examination of the application allow to reach a reasonable conclusion, it is written in the report that the historian V. Rakutis, preparing and underground. January 27 The publication of the article “International Holocaust and Historical Memory Day” was not intended to encourage negative public reaction towards the Jewish people, incite hatred and discord, or deliberately deny the Holocaust publicly.
“In the article, he outlined a series of historical events from the past, analyzed the causes of the Holocaust, expressed his views on certain aspects and sought to initiate a discussion to evaluate the phenomenon,” he said.
After evaluating the data collected, it was established that the actions of V. Rakutis are not intentional, and in the absence of the necessary characteristic of the composition of the criminal act, in this case direct intention, the pre-trial investigation cannot be initiated .
This decision of the prosecutor may be appealed before the investigating judge in accordance with the procedure established by law.
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