[ad_1]
The Lithuanian Court of Appeals has announced that it will uphold the judgment of the Šiauliai Regional Court, by which Mindaugas Paulauskas, 44, from Kelmiškis, was sent to a correctional center: a man convicted of murder was sentenced to 8 years in prison.
M. Paulauskas was convicted of being intoxicated with alcohol in 2018. In December, on the night of 14 to 15, at approximately 4 o’clock, in a VW Bora car that he was driving from Germany to Lithuania, in the territory of Poland, in the highway near Warsaw, received at least two blows to the head of a passenger traveling during the conflict. . As a result of these blows, the victim had blood spilled under the scalp, causing the hospital to die in hospital three weeks later, even after regaining consciousness.
The injured Kelmiškis were taken to the doctor on December 15. in the afternoon, shortly after fellow travelers brought him home. Doctors immediately noted that the victim had been severely beaten, with a fracture of her left tibia and fibula, and a large puncture wound to her eye.
M. Paulauskas, who had been previously prosecuted, told officials that he had been working in Germany for some time, and on December 14, after working with friends, he decided to return to his home in Lithuania. The men left the city of Wursburg on all fours.
While driving to Lithuania, M. Paulauskas drank alcohol in a car and was constantly in conflict with a friend sitting next to him in the back seat until he was finally hit.
M. Paulauskas stated that he hit his friend two or three times in the face, blood immediately came out of his nose.
“I cleaned his blood, then tried to talk to him, but he no longer reacted,” said Kelmiškis.
“He was conscious, he didn’t react to the environment and he couldn’t get out of the car,” said another Kelmiskis sitting in the front passenger seat.
This witness and Kelmiškis, who was driving a car, testified during the pre-trial investigation and at the court hearing that they had seen M. Paulauskas insulting his friend and hitting him on the head.
“When we stopped at the nearest gas station, we tried to get him to wash his blood, but he didn’t get up anymore,” said the witness.
He said the injured man sat quietly in his seat for the rest of the trip and did not speak to anyone.
“When we got to Kelmė, he couldn’t get out of the car either, so we took him home,” recalled the witness.
Although during the pre-trial investigation M. Paulauskas had admitted that he had received a blow to the face, he changed his position in court, justifying that he only slapped his friend a few times. When asked why the testimony changed, the accused explained that he was saying what the police investigators wanted to hear, and that he himself wanted to be released as soon as possible.
In addition, M. Paulauskas assured that he could not give a strong blow because his right hand had been injured. However, according to experts, a heavy blow to the victim could have been both right-handed and left-handed.
“There was no conflict between me and the killer during the trip. I thought he was asleep, so I hit him on the cheek twice, I wanted to wake him up, but he didn’t react,” said M. Paulauskas.
By appealing the sentence that he had been convicted of murder, the convict claimed that he had not planned or sought the death of his friend before, during or after the trip.
“He knew he had health problems, but he did not know that he had suffered a head injury before,” Paulauskas said the charges against him should be reclassified as a lighter and more neglected life deprivation.
“I didn’t hit him on purpose and I couldn’t have guessed that my actions could cause death,” Kelmiškis, trying to justify what he had done, tried to justify himself. He added that neither he nor the other passengers had any idea that his friend could have a hemorrhage under the hard covering of the brain.
However, after examining M. Paulauskas’ complaint, the appeals court panel of judges ruled that there was no legal basis for the convict to change the announced sentence.
“The totality of the evidence gathered in the case and examined in court is sufficient to indicate that the day of the event investigated the victim was not injured before boarding the car, the only person who sat next to him during the trip and was struck was M. Paulauskas, “the court emphasized. “This conclusion is confirmed by the testimony of the witnesses who accompanied him that it was after the blows to M. Paulauskas that the victim began to bleed from the nose and shortly after being hit, he was unable to move and interviewed the people who had accompanied, did not react adequately to the environment. “
According to the judges, no other circumstances have been identified that could have led to the death of the victim, except for the violence used by M. Paulauskas.
“During the trial, it was established that after the verbal conflict between the convict and the victim, the convict gave two strong blows to the head, although according to the conviction of the convict, he knew that the victim had suffered a head injury,” he stressed. the court. – The above circumstances confirm that the convicted person M. Paulauskas, as an adult, a person of normal mental development, deliberately hit the victim’s head with his hand, realized that he was endangering his life, anticipated that the victim he could suffer a mortal injury and, although he did not want such consequences (deprived of their lives), but he deliberately allowed them to get up, that is, the convict was indifferent to the possible consequences. “
The judges declared that the jurisprudence is that “the head is a vital and more vulnerable part of the human body and a person of normal mental development cannot fail to realize that hitting the head of another person is an act that endangers the another person’s health and life. ” Upon realizing it, the author anticipates that the victim may be injured as a result of such an attack, including those that may result in his death.
The panel of judges also noted that the convicted person was indifferent to the consequences and fate of the victim and that he was satisfied with any consequence, as evidenced by his behavior after the commission of the crime.
“The convict, who used violence against the victim and saw that the victim was bleeding from the nose and was unable to move, did not go to the nearest medical institutions, just as when he returned to Lithuania, he took the victim to his home and continued to drink alcohol. call an ambulance “, – declared the Lithuanian Court of Appeals in the judgment that came into force.
According to the judges, M. Paulauskas unjustifiably requested to reclassify the accused intentional murder into a careless deprivation of life.
“The victim was seriously injured by giving him at least two strong blows to the head,” the court noted that M. Paulauskas had killed his traveling companion by acting indirectly.
The appeals court also stated that the custodial sentence imposed on Kelmiškis is clearly not too severe, there is no reason to reduce it, in addition, M. Paulauskas, who appealed the sentence, did not request it.
It is strictly prohibited to use the information published by DELFI on other websites, in the media or elsewhere, or to distribute our material in any way without consent, and if consent has been obtained, DELFI must be cited as the source.
[ad_2]
