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Furthermore, the court fully satisfied the civil claim of the Aukštaitija narrow gauge railway. V.Užalinskas will have to pay 20 thousand for his old place of work. pecuniary damage. The defendants must cover the 1.5 thousand. EUR.
The court determined that the former director of the Aukštaitija narrow gauge railway had entered into fictitious purchase and sale agreements, according to which the institution under his leadership allegedly purchased various goods necessary for the institution’s activities (rails, sleepers, wheel sets, engines, tank cars, etc.). These transactions did not actually take place, and V.Užalinskas, by falsifying documents, misappropriated the high-value property belonging to the Aukštaitija narrow-gauge railway – 20 thousand. euros.
Furthermore, it was established that V.Užalinskas fraudulently managed the accounting of the Aukštaitijos narrow gauge railway of the public institution. Former Director 2016-2017 2016-2017 did not provide the accountants of the institution with part of the accounting documents, as well as submitted accounting documents that were not legally valid and deliberately falsified due to failed economic and financial transactions. the capital, liabilities and structure of the institution, the cash balance, its use and assets.
Although V. Užalinskas denied his guilt in relation to the criminal acts charged, the court concluded that the testimony of the accused contradicted the written evidence of the case, the testimony of witnesses, other materials of the case, and therefore considered them as an attempt. to avoid criminal liability and rejected them.
When imposing a sentence on the accused, the court took into account the nature of the crimes committed by V. Užalinskas, the danger to society, the personality of the accused (illegal, child-rearing) and the fact that there are no or no circumstances aggravating factors for the accused.
The court noted that for a crime committed by V.Užalinskas – misappropriation of property, the law provides for the only type of punishment – imprisonment for up to 10 years. However, the law also provides that in cases where the imposition of an imposed sentence is clearly contrary to the principle of justice, the court may impose a lesser sentence on a motivated basis.
“According to the court, the nature of the criminal act committed by the defendant V. Užalinskas, taking into account his personality, does not require the punishment of the perpetrator isolated from society, but rather sanctions on property, while giving him the opportunity to keep working and make efforts to compensate “, J.Raščiuvienė.
According to the court, the punishment is not related to the actual deprivation of liberty: the fine is in line with the principle of justice and will have a sufficient effect on the accused to feel the negative consequences of their actions and dissuade them from committing new crimes. crimes.
The judgment of the Panevėžys Regional Court can be appealed to the Lithuanian Court of Appeal within 20 days.
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