Depo Shopper – An Impressive Fine – A Clown Mask Doesn’t Protect Against Coronavirus

If the buyer punished for the violation had not appealed the police decision to the court and paid the fine immediately, then his wallet would have lost half the amount: 250 euros.

However, Dmitrijus V. from Vilnius, who assumed administrative responsibility, was convinced that he had not committed the alleged violation and was seeking justice in the courts.

According to the data of the case, it was established that on October 4 of last year, when the state of emergency was declared in the country and the use of protective masks covering the face and nose in public places was mandatory, Dmitry V. 14.30 h. came to the “Depo” store in the Fabijoniškės district. The man immediately caught the attention of security guards, he did not put a mask on his face.

The customer was warned about the possible infraction, so Dmitry V. left the mall without expecting anything. But he returned soon, his face was covered by a clown mask. The man’s behavior surprised the store staff: They said the mask was not suitable, instead they offered to buy medical masks sold here, but Dmitry V. refused, stating that the clown mask he wears covers him so much. the nose as the mouth.

Since the buyer did not compromise, the store staff turned to the police for help. The head of Depo’s Sales Department issued a statement to visiting officials, stating that the customer had entered the store without a protective mask.

“The customer was warned that a mask was necessary, but when he left the store, he returned with a clown mask, and when he offered to buy a protective mask, the man strictly refused to buy and wear a protective mask.” added. store clerk said in a statement.

After assessing the circumstances of the incident, the Vilnius County police officers drew up a protocol of administrative misconduct for Dmitrij V. and imposed a minimum fine of 500 euros provided by law for failure to fulfill obligations imposed during the emergency.

According to police officers, Dmitry V. did not meet the requirements of the Minister of Health – Chief of Operations of the State of State Emergency, because all people in the confined space must wear protective equipment that covers the nose and mouth (face masks , respirators or other means) Risk of spread of COVID-19.

The Vilnius resident, who did not agree with the decision made by Aušra Bernatonienė, the Chief Investigator of the Activities Division of the 6th Vilnius Police Commissariat, addressed the court and asked for the sentence imposed on him to be revoked.

The offender admitted that he was not wearing a mask when he first arrived at the “Depo” store, but after receiving the guard’s comment, he allegedly left the store without delay and returned to it with proper nose and mouth protection. Dmitry V. questioned whether it was really justifiably determined that he had committed an administrative offense.

The Vilnius Regional Court judge Virginija Pakalnytė-Tamošiūnaitė announced that the violation committed by Dmitrijs V. was obvious, so the decision of the police investigator was not changed.

“The appellant himself does not deny that he entered the store without wearing a protective device that covered his nose and mouth,” the court noted that the evidence in the case confirms that Dmitry V. committed an administrative offense.

In addition, the court noted that less than two weeks after the rape, Dmitry V. had committed a new, similar rape: “in a public place, being in a group of four, the protective equipment that covered the nose was also not used and mouth . “

According to the court, the administrative sanction imposed on Dmitry V. is appropriate to the seriousness of the offense committed by him and is not considered to restrict the rights of the person more than necessary.

“There is no legal basis to treat the crime as a minor or that does not represent a real risk to the safety of road users, and much less as a favorable circumstance in the context of a lesser sentence, in particular because the Authority (police – Delphi) imposed a minimum fine, – underlined Judge V. Pakalnytė-Tamošiūnaitė. “The sentence imposed on Dmitry V. has been duly individualized, it is not too lenient or too severe, it meets the nature of the violation, the personality of the offender and the criteria of justice and reasonableness.”

The court also noted that Lithuanian jurisprudence observes the provision that the punishment imposed should punish the offender, cause corresponding negative consequences to the offender, and the occurrence of such consequences should not in itself be considered an exceptional circumstance justifying mitigation, it is a natural fact. The result of a violation of the law, about which people are previously informed through the consecration of the acts prohibited by law and the imposition of specific sanctions for them.