Akibrokštas: The leadership of Pravieniškės has illegally released a prisoner who has been sentenced many times.

The former head of the prison, Dainius Sušinskas, who was there almost two months ago and the prison director, who resigned almost two months ago, was sentenced to the slightest punishment by the Department of Prisons for misconduct.

According to the heads of the department, D. Sušinskas committed a violation by negligent and careless actions, when he did not adequately control the activities of subordinate officials.

But D. Sušinskas, who has the rank of Colonel of the Internal Service, did not agree with this sanction and appealed to the court, but decided that the complaint of an official who has already retired and worked in the internal service for more than 28 years is unfounded.

“D. Sušinskas, who performed the functions of director of the institution, was obliged not only to coordinate and control the work of the structural units subordinate to him, but also to control and guarantee the legality of the stay of the prisoners in the center correctional facility according to Lithuanian law judges.

According to them, in order to properly carry out the established functions, D. Sušinskas had to decide on the release of the convict not only on the basis of the documents prepared by the officials and employees subordinate to him, but also by verifying them.

“Mr. Sušinskas, who has not controlled the performance of these functions or has established an insufficient control mechanism for the employees subordinate to him, must be responsible for the consequences of the performance of those functions,” the court decision, which has not yet entered into force., emphasizes.

As the former director of the penitentiary explained that he had delegated some of his functions to subordinates and should not be responsible for controlling their activities, the court noted that the former director shook his load, which would deny the holder the responsibility of the institution.

The story, for which D. Sušinskas received a service penalty and appealed to the court, was made public after Delfi.lt A post was published announcing that a “road rooster” from Vilkaviškis, who had been convicted and drunk five years ago, had been mistakenly convicted and released several years earlier by mistake.

Incredible, but this error can no longer be corrected; when it became clear, officials stated that there was no longer any legal influence to return the prisoner to the correctional facility.

Errors were not noticed for a long time.

This is a real blow for justice and for the victims, who for many years sought in the courts to bring to justice the driver who caused the tragic accident, not for violating the Traffic Regulations (TFE), but for intentional homicide by hooligan motives. .

Delfi.lt Sources revealed that Virmantas Žebertavičius, a 28-year-old resident of Virbalis, Vilkaviškis district, had been sentenced to four years in prison while serving in an open settlement, but had been released five years later.

This happened because the prison officials entered into the electronic system for the registration of convicts that the beginning of the sentence of V. Žebertavičius should be considered in 2015. March 31, 2016, when in reality it was supposed to be 2016. March 31 V. Žebertavičius had to be released in 2019 after including days in prison during the pre-trial investigation. August 11, but it was released in August 2018. August 11

Officials would not have noticed this error if the court had not previously imposed a special right on V. Žebertavičius – a driving ban – for three years. Convicts from the Vilkaviškis section of the Probation Service had to ensure that the convict complied with this prohibition. That was when the initial criminal conduct risk assessment began and suspicions were raised about the premature release of V. Žebertavičius.

The order for the release of the convicted person after serving the entire sentence imposed by the court was signed by Mr. Sušinskas, who at that time was the temporary director of the Pravieniškės Penitentiary Center, and the information on the execution of the sentence of the condemned was prepared by Vytautas Markevičius.

“I imagine this happened due to human error, which is why the investigation was started,” said D. Sušinskas, director of the Pravieniškės Correctional Center, earlier when asked about the really scandalous story.

He said that the Probation Service learned of V. Žebertavičius’s existence when the official deadline for serving his sentence expired and information was provided on the supervision of the convict, an obligation to monitor whether he was complying with the ban on driving vehicles.

“When a convict arrives at the penitentiary, we always count the beginning of the sentence from the day of his arrest, although the sentence itself can be counted from the moment the sentence takes effect, but the time of detention is included in the sentence, “Sušinskas said. – The officials had documents printed with 2015. date and entered the arrest date in the previous document, but not the year, only the month and the day. “

Didn’t give up to run early

V. Žebertavičius did not disclose the fact that he was mistakenly released a year earlier. He served his imprisonment in an open colony: he could walk around the town of Pravieniškės during the day, as well as return home on weekends on leave.

“It really wasn’t that good and exemplary, so it was posted at the end of the whole sentence, but, as we can see now, an error has been introduced,” said D. Sušinskas.

According to the prison director at the time, this error could no longer be corrected and there was no legal way to return the former prisoner to the open colony to serve the unfulfilled part of the sentence.

“That period has already expired; if we had looked around us in 2018, surely he would have been returned and served his sentence in the end, and in this case the sentence has already expired and there is no legal possibility to return it and force it.” serve one more year; it just came out that way, ”explained D. Sušinskas.

He also admitted that it was the first time in his long internship in the prison system that the Department of Prisons had been immediately reported.

About this scandalous story Delfi.lt Prison officials say there may be more such cases in all prisons in Lithuania. “It is understandable that the beginning of the punishment was entered by mistake, but with an electronic system it is difficult to understand these days. It would probably not surprise many if it turned out to be more a case of corruption than a mistake,” he said. Delphi sources from the Department of Prisons.

Officials from the Kybartai sector of the Marijampolė Correctional Institution were involved in a somewhat similar story a year ago: they wrote and signed a certificate according to which even the Colombian Diego Peña Murillas, who was caught with 72 kg of cocaine, had been illegally and unjustifiably. Released from prison. The court has ruled that Sandra Krocienė, a specialist in a correctional facility, and Rolandas Čiurlauskas, a deputy director at the time, were performing their duties incorrectly when they mishandled the ruling of the Lithuanian Supreme Court at their discretion and decided to expel a Colombian from a prison facility. .

A long fight for justice

The accident, for which the court sentenced V. Žebertavičius, Vilkaviškis district, Virbalis city, took place in 2014. November 22 at night, at approximately 9 pm speed and at a speed of at least 70 km / h . In a technically messy car, the Volkswagen Golf did not control the vehicle around the curve of the street, driving in the opposite direction of traffic, and obstructing the 54-year-old pedestrian.

After the accident, it was not even possible to identify the victims of the injuries, and officers managed to find out the identity of the victims only after a few hours.

V. Žebertavičius caused this accident by being sentenced up to four times, in addition, from 2009 to 2014. Up to 18 times they were administratively sanctioned, of which 8 times for violations of the KET. These crimes include driving under the influence of alcohol or without the right to drive.

The Vilkaviškis court examined the case of V. Žebertavičius in an abbreviated procedure, as he pleaded guilty, for which the judge immediately reduced the prison sentence of 6 years imposed on the convict to 4 years. In addition, the court awarded the spouse and child of the deceased 10,000 euros each for non-pecuniary damage.

This court verdict greatly harmed the victims, as the district court did not even deprive V. Žebertavičius, who was sent to the open settlement, of the right to drive a car. This error was subsequently remedied by the Kaunas Regional Court, which examined the victims’ complaint. However, neither in Kaunas nor later in the criminal case, the judges of the Lithuanian Supreme Court disagreed with the deceased family’s claims: they not only challenged the reduction of the prison sentence from 6 to 4 years, but They also demanded that V. Žebertavičius, who had been traveling for many years, due to the hooligan’s incentives.

„V. Žebertavičius is constantly behaving in a hooligan way in society: he has been punished more than once for various violations of the TFE, he has been repeatedly convicted of intentional acts, so it is obvious that his actions were nothing more than a lack of respect for society “is simply a means of entertainment and a means of endangering and fearing the health and life of all.”

According to the victims, it is a mistake to treat the crime of irreparable consequences committed by a drunk driver on the road as careless, that such behavior should be treated as intentional murder on the grounds of hooliganism.

They also asked the court to impose the severest possible sentence on V. Žebertavičius and not to serve it in an open colony, where convicts feel at home, but in prison.

The judges declared that imprisonment for four years in an open colony was the most appropriate and just, and that there was no reason to convict V. Žebertavičius of murder; He did not know the woman who died in the traffic accident, therefore he had no personal incentive to kill himself.