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On Thursday, the Kaunas Regional Court panel of judges issued a ruling did not comply with the open colony provision of the Pravieniškės Correctional Center due to the change of the life sentence imposed on the convicted H. Daktar to a prison term, announces the press release issued by the Kaunas Regional Court.
On June 30, 2015, the Lithuanian Court of Appeal imposed the final full sentence of life imprisonment on H. Daktar.
Photo of the Kaunas Regional Court / The ruling was announced by Algirdas Giedraitis, President of the Chamber of Judges of the Kaunas Regional Court and Rapporteur
When deciding the issue of commutation of a custodial sentence, the Kaunas Regional Court will take into account the risk of criminal conduct of the convicted person, the behavior of the convicted person during the execution of the sentence, the objectives of the sentence and the impact of the sentence on the sentenced person fully refunded or eliminated.
The Kaunas Regional Court highlights that the legislator established the substitution of a custodial sentence for a period of imprisonment, not as a mandatory obligation for the court to apply said institute to each convicted person upon receiving the disposition of the institution executing the sentence, but only as a possibility of mitigating the sentence if it meets the above requirements and there are sufficient grounds to believe that the objectives of the sentence imposed on the convicted person will be achieved by imposing a less severe sentence.
The panel of judges found that the risk of H. Doctor’s repeated criminal conduct still accounts for a fairly significant number of dynamic scores.
Erik Ovcharenko / 15min photo / Hearing of Henrik Doctor
The convicted person’s case material confirms that the convicted person has been convicted several times before and is currently serving his sentence for various crimes, including very serious crimes (qualified murders).
Guilt is not admitted until now
During the hearing of the case, H. Doctor did not admit his guilt in principle. The findings of the social investigation also confirm that the convicted person and did not admit guilt during the assessment, analyze the circumstances that gave rise to the crimes superficially from subjective positions, they point out that they are innocent, illegally convicted and too severely.
H. Doctor did not admit his guilt in principle.
The panel of judges concluded that the nature of the crimes committed by H. Doctor and his previous convictions undoubtedly reveal a greater danger to society both of the convicted person and of the crimes committed by him. Furthermore, it shows that the inmate was not able to maintain an exemplary and impeccable behavior any longer, and it also undoubtedly reveals the inappropriate attitude of H. Doctor towards the moral and behavioral norms accepted in society.
The panel of judges also found in the convicted case that the last disciplinary sanction was imposed on H. Daktar on September 12, 2019, leading to the conclusion that the positive correction of the convict’s behavior has been observed recently. In addition, the convict has not yet reimbursed all the civil claims against him.
In the opinion of the panel of judges, the data on the lifestyle, thinking and behavior of the convicted person do not provide grounds to conclude that the convicted person has drawn conclusions about the consequences of his illegal behavior, if he is willing to follow the norms established in society . .
The court decision can be appealed to the Lithuanian Court of Appeal within 7 days from the date of receipt.
Applied a second time
This is the second presentation of its kind prepared by the Pravieniškės Correctional Center at the request of H. Daktaras. In December 2019, the Kaunas Regional Court also rejected the correctional facility provision and ruled that at that time there was no reason to commute H. Doctor’s sentence.
At the beginning of January last year, the Lithuanian Court of Appeal upheld this decision and stated that the mere fact that H. Daktaras had already served more than 20 years of life imprisonment did not constitute grounds for changing the sentence imposed.
Following the entry into force of the amendment to the law, the Kaunas Regional Court has so far rejected 45 requests to change the life sentence to a prison sentence, 8 – to be satisfied.
You can apply again after one year
15 minutes remember that, according to the amendments to the law approved by the Seimas in 2019, a person sentenced to life imprisonment after 20 years in prison can apply to a court to review the sentence. After evaluating the conduct of the convicted person, the court may impose a prison sentence of five to ten years.
These amendments were adopted in compliance with the ruling of the European Court of Human Rights, which declared in 2017 that Lithuania violates the rights of people sentenced to life imprisonment, without creating any real possibility of their being released.
If the court decides not to satisfy the prison, the custodial sentence can be reapplied after one year.
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