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On Monday, the Lithuanian Supreme Court intends to begin examining the case of the beating and rape of a minor from Jurbarkas.
In this resounding case, the Tauragė District Court sentenced a minor who had been convicted of attempted rape, sexual assault and health disorder to a final sentence of three years and four months in prison, postponing his execution for three years.
The Klaipėda Regional Court, which heard the case on appeal, imposed an additional obligation on the convicted person to participate in the conduct correction program for one year and doubled the amount of non-pecuniary damage awarded to the victim.
Both the prosecutor and the victims appealed against these convictions. They want the guy to receive a real custodial sentence: the suspension of the sentence has been lifted.
The application of a conditional sentence, even for a minor, must be adapted to the nature and gravity of the crimes committed and the reasons for the offender’s conduct.
As reported by the Prosecutor’s Office, the appeal alleges that the courts of first instance improperly applied the criminal law by unjustifiably seeing the sincerity in the confession of the defendant, who recognized his responsibility as mitigating and unjustifiably applied a suspended sentence.
“Telling the truth in the process cannot be considered sincere conduct, which justifies the exercise of the right to defense, and the application of the suspension of the sentence, even to a minor, must be appropriate to the nature and gravity of the crimes committed and the behavior of the perpetrator, “said prosecutor Aurelijus Stanislova.
The preliminary investigation began in May 2019, when a minor was injured at a rural tourism farm in the Tauragė district. The guy who committed the crime was drunk at the time of the incident.
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