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This is the second presentation of its kind prepared by the administration of the Pravieniškės Correctional Center at the request of H. Daktaras. Only with the provision of a detention center can such a request be considered in the courts generally.
PHOTO GALLERY. Henrik’s medical lawyer: court can be expected to impose sentence for limited time
H. Vytautas Sirvydis, the doctor’s lawyer, summarized today’s court hearing with a brief comment:
“Henrik Doctor meets all the criteria that are relevant when considering the imposition of a suspended sentence. It has no disciplinary sanctions, it works, it is positively characterized. Your age and health status also allow access to the application. “
In making decisions against other convicted persons, confession of crimes and repentance were one of the essential conditions that opened the hands of the court to grant pardon to the convicted person for life. V. Sirvydis did not agree with that.
According to the lawyer, the requirement that a person confess would be unconstitutional: “A person cannot testify against himself and blame himself. This rule is valid for life. That requirement could be equated with torture.
H. The Doctor works diligently and exemplary, he is repeatedly encouraged. The fact that a person works in a prison already means that they do not support a criminal subculture. He always looked for a job while still in Lukiškės ”.
Ramutė’s wife, Ramutė, also spoke about the fact that her husband will one day hope to be free after the meeting: “I hope he leaves. Now is hard. Just one or two calls a week and all. We miss you a lot. We hope we can get a time penalty.
My husband is getting better and better. He cares about the family. He is a good person. Henry’s health is not stable at this time. “
Once rejected
We remind you that in December 2019, the Kaunas Regional Court rejected the provision of the correctional facility and ruled that at that time there were no grounds to mitigate the sentence imposed on H. Daktar.
Later, the court held that the convicted man’s conduct in the penitentiary was not impeccable, and he himself, even more than 20 years after the very serious crimes for which he was serving a sentence, did not admit his guilt and considered that he had been unreasonably sentenced with hardness.
At the beginning of January last year, the Lithuanian Court of Appeal confirmed 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 modifying the sentence imposed.
H. Dr.
H. It is considered that the start of the imprisonment of the doctor is the year 2009, but the time spent in prison is also included in the penalty according to the previous convictions of the Vilnius Regional Court in February 1997 and December 2006.
In December 2008, the court allowed Mr. Doctor to be arrested, but he went into hiding and was not arrested until the following autumn in Bulgaria, near the city of Varna.
According to amendments to the law approved by the Seimas in spring 2019, a person sentenced to life imprisonment can request a judicial review of his sentence after 20 years in prison. 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 judgment of the European Court of Human Rights. In 2017, the Strasbourg court found that Lithuania violates the rights of people sentenced to life imprisonment, without creating any real chance 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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