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According to the court, according to the data of the case, it was established that the crime was committed on the night of April 10 this year in the district of Radviliškis, near the village of Liaudiškės.
A. Jurčiukonis fully admitted his guilt for helping to illegally dispose of excise goods and proved it on 9 September last year. While he was repairing his Mercedes-Benz Vaneo in the garage, an unknown man came in and offered him a job, saying that he would have to pick up cigarette boxes from the train tracks and take them into the woods.
According to the defendant, the stranger guaranteed that everything would be safe, promised to pay 300 euros for the work, but did not say when he would do it.
When A. Jurčiukonis agreed, according to the defendant, that man handed him a mobile phone, told him not to turn it off and to wait for further instructions, which they should send to the phone that was given to him. That same day, at approximately 10 pm, the man received instructions.
Alytiškis said that he was at the agreed location, at the entrances to the town of Liaudiškės, around 3pm, where he was joined by four other young men he did not know, including the man who hired A. Jurčiukonis.
The defendant stated that he had arrived at the scene in his car. According to Alytus, the man who hired him and four young men got into his car and told the stranger to drive to show the way. Subsequently, according to A. Jurčiukonis, the man ordered them to stop and showed them the way, so everyone had to go to the forest and approach the train tracks to wait until the cigarette boxes were thrown from the moving train, that later it would have to be collected and taken to the desert by the same way.
The defendant said that after these instructions, the man who hired him got into his car and turned around and everyone went to the train tracks and waited for the train.
According to A. Jurčiukonis, around 3 pm the men of the night heard and saw a freight train arrive, from which a person threw packages from the wagon onto the ground. They collected all the boxes and took them to the desert, to the fir tree.
When the cigar boxes were taken to the indicated place, A. Jurčiukonis wrote to the man who hired him that he could come and collect the cargo, but according to the defendant, the stranger replied that he saw suspicious movement of the car and told him. leave the boxes.
According to A. Jurčiukonis, they all quickly left the crime scene, the accused was taken home by a friend who arrived a few hours later. A few hours later, the border guards reached A. Jurčiukonis, to whom he told everything, and searched the man’s house, taking the phone and other items that a stranger gave him.
During the pre-trial investigation, the boxes were found to contain a total of more than 50,000. The value of smuggling packages of cigarettes Fest, Minsk Capital QS, Minsk 5 Superslims, NZ Gold marked with the seals of the Republic of Belarus was almost 176 thousand. euros.
The defendant A. Jurčiukonis stated that he deeply regretted the crime committed, justifying that he had agreed to participate in the crime in exchange for monetary compensation. The defendant asked the court, if possible, to end the criminal process by imposing a fine, to inform him of the circumstances of the crime.
As the court that examined the case has pointed out, the circumstance that exempts A. Jurčiukonis from liability is that he confessed to having committed the act provided for in the criminal law and sincerely regrets it. No aggravating circumstances have been identified. The court noted that committing a crime while acting in a group of accomplices was not considered an aggravating circumstance for the accused, as no other accomplices to the crime, including the perpetrator or perpetrators, had been identified.
The court noted that there were insufficient grounds to satisfy the prosecutor’s request to seize A. Jurčiukonis’s car as a means of committing a crime, since, according to the data in the case, A. Jurčiukonis used his car only as a means of communication in The time of the commission of the crime (if it had been agreed) is not established in the file, used for the transport or storage of cigarettes.
For the crime committed, the court found A. Jurčiukonis guilty and imposed a reduction of one third of the final fine of 100 MGL (5,000 euros). The convicted person is obliged to pay the fine imposed within 3 years from the effective date of the criminal court order.
The court clarified that the defendant, who does not accept the imposition of a fine by judicial criminal order, has the right to submit an application to the Šiauliai Regional Court within 14 days after the date of delivery of a copy of this document, demanding hold a court hearing. After examining the case and finding the defendant guilty, the court may impose a different type or amount of punishment than that imposed by the court’s criminal order.
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