The most important thing for the prosecutor is the sense of justice (interview)

Kauno diena talked to M. Sabaitis on this occasion. He was nominated for leadership for a complex and significant repercussion for the pre -trial investigation of the public in January last year in Kaunas.

– Was this study exceptional for you?

– Definitely so. It must be acknowledged that the pre -trial investigation itself was complicated by both the age of the victim and the circumstances of the crime. Of course, such studies remain in memory for a long time. That exclusivity has led to anyone who worked for this study. Again, I would like to emphasize that it is teamwork, not one or two people’s merit, and the entire group of pre -trial investigation officers. The overall quality work has led to the result – the case is already in court.

– When did you find out that you would guide this investigation, when did you go to the plan – when you go to the scene or after you went to it when you collected primary information?

– The primary information that the kidnapped girl was not detailed to allow one or another conclusion. At the beginning of the study, various versions were raised and each of them is investigated, checked, collected, able to confirm or deny any version during the joint work. This is how, by rejecting, everything was checked.

Versions with variations

– It is probably normal for the initial plan to change during the course of the study. Prosecutors usually say to reporters at press conferences, « Several versions of the crime are being investigated. » An abstract answer that hides the plan of the prosecutor leading the investigation? Help to imagine: If, say, there are five versions, how many versions of each version have the directions in search of the answer?

– These are versions with possible variations. Without commenting on the specific circumstances of the crime, one of the versions raised was the one that is now in court, but others were raised in parallel. The variations of these versions are automatically sought, and information is checked to deny one or another version or another. We need to focus on the first hours the most likely version confirmed by the information received until we can set the entire chain of events.

– How many of the directions did you work for? You learned – the child disappeared, but maybe escaped from home, maybe kidnapped, maybe an accident. What versions were there?

– All mentioned. When it comes to this type of pre -trial investigations, each of the slightest information received allows the most likely version to be determined, rejecting the other. Information was not only collected from video cameras. People, relatives, all persons related to the victim were interviewed, and the abundance of information allowed to clarify which version could be most likely to throw more forces in that direction, as other versions of the information received were rejected.

Evaluation: M. Sabaitis calls a well -done teamwork. / Photo by Regimantas Zakšensk

– And does it happen that the investigation is happening, there are some possible versions and some detail, the idea of ​​Sherlock Holms takes and changes plans?

– Life is not a movie scenario and it is not that suddenly one detail or some person suddenly struck the enlightenment. This is a thorough analytical work with information collected. Its abundance also determines the number of people involved in work. The greater the volume of information, the more people analyzing it is needed. Again, decisions are made in the light of the information analysis of the collected information.

Of course, every study is specific, has its own peculiarities, subtleties. Of course, it is likely that finding a footprint or a source of important information or an object to be investigated or a specialist’s conclusion may be subjected to the other direction. However, this was not the case in this case.

– But you rely on your intuition anyway?

– When it comes to intuition, it is inseparable from work experience. Such pre -trial investigations, which cause great resonance in society, always work with officials who have many years of experience. Intuition and experience are related to each other, a combination that allows quality versions, quality analysis. After all, one of the main things is to know where and what to look for and then analyze what is found.

Did not count hours

– The minor for two days was searched by a large number of police, other services and volunteer forces. The work was probably very intense. How did you live in those two days? Did you sleep at night?

– The working hours were not calculated as usual – from eight in the morning to five in the evening. We worked overnight, various procedural steps were taken. We also applied to the court for the sanction of various coercive measures, and the prosecutor also sanctioned various coercive measures by his resolutions. Nobody drove home for two days. We worked so that we finally found the girl alive.

– The girl’s kidnapping case is already being heard in court. Gediminas Filipavičius, who is accused of kidnapping and other crimes, says he has not planned a kidnapping, but cannot explain why they did so. I just wanted to take it because it was cold and dark, but things changed somehow.

– My comment will be short. In this case, I support the public prosecution. Every suspect, the accused has the right to provide or refuse to do so. The person decides how to explain his actions, certain circumstances of the event. Whether his explanations correspond to the facts of the case will be established at the trial after all the facts are examined.

In this case, in order not to violate the principles of impartiality and objectivity, I will not comment on the person’s explanations expressed by the person. I will express my attitude in the final language in court.

– In the movies, we see how researchers become like that, I don’t even know how to name, maybe the details versions of the versions are analyzed. Do you do this?

– It depends on the specifics of the pre -trial investigation. When there is a larger circle of suspects, a higher number of acts under investigation or circumstances, it is worth schematically displaying the sequence of events on a board or on a computer screen as it helps to better understand the situation during meetings. This is the practice that is done when it comes to explaining the relationships between individuals if we are talking about groups. Schematic portrayal of events or individuals is possible and used.

Final: G. Filipavičius, who is accused of kidnapping a girl, is already being tried. / Photo by Regimantas Zakšensk

An important mission

– I have repeatedly talked to doctors that their profession is most often chosen by people who want to help. What is the feature of prosecutors?

– I think a sense of justice. It is important not only to reveal crimes, but also to defend people’s rights and interests. And here I am not just talking about suspects or accused. The interests of the victim are often overlooked. Emphasizes what rights the suspect has, but it is forgotten that the victim also has rights and that they must be defended. One of the functions of the prosecutor is to ensure the protection of the victim’s rights by respecting the rights of the suspect or the accused. The coordination of such two opposite aspects requires both internal control and good criminal law, a sense of criminal proceedings and an internal justice.

– From a public point of view, lawyers are often good because they help and defend. Why is the stereotype that the prosecutor is just punishing and does not think that the prosecutor is a victim representative?

– part of the public whose attitude towards the prosecutor’s office, the prosecutor is negative, may not even encounter the prosecutor’s office and its work. Imagination is determined by the results of individual events, individual pre -trial investigations.

The prosecutor, in support of the state prosecution, expressing his position in court, asks the accused. Obviously, not all accused people like the punishments offered to them, including their relatives. Thus, hostility is inevitable.

The prosecutor’s office is an institution operating on behalf of the state and contributes to the justice of the state protected by the state. Justice is done by the court, but far from all people, the work of the courts also positively assesses the work of the courts. There are several countries in each process. It is not the case that everyone is satisfied with the final decision. It should be borne in mind that justice is administered on behalf of the state, in the course of justice, we act in accordance with the legislation issued by the legislators and the legislature is elected a Lithuanian citizen.

An important motive

– Did you dream of being something else, not a prosecutor?

– No one dreams of becoming a prosecutor in kindergarten or school. The profession is not well known at such an age. While studying at Vilnius University, I met criminal law and criminal proceedings at the Faculty of Law. These disciplines seemed quite attractive to me and so naturally that I continue to work with these disciplines and work as a prosecutor.

– Didn’t you think I might be better, say, what a gardener?

– Everyone thinks in more difficult moments that they might have had to choose a different job or other profession. But the stronger person is caused by everyday challenges and, in my deep conviction, it is not possible to retreat simply because it is difficult or difficult that day. Each work must be done in good quality. You have to concentrate, work, and when you get the result, you can be happy with the successful work, successfully achieved.

Shock: For two days, Lithuania was unknown because of the missing little one. / Photo by Regimantas Zakšensk

– Are you happy with your choice?

– Yes. I think my choice is right. The work I do is important because the criminal offenses are revealed and the persons committing them. In addition, criminal law also contains the Institute of Victims, in some cases where the victim is a natural person, he or she also defends his or her interests, compensation for pecuniary and non -pecuniary damage. Such cases are positive and motivate to continue working.

– What if the investigation fails?

– There is no investigation in the prosecutor’s work. Each investigation is the determination of the event and the circumstances. The fact that a pre -trial investigation reveals that there was no criminal offense is not a negative result. Criminal law is the process of establishing the truth. If it turns out that the offense has not been committed, the pre -trial investigation shall be terminated. But it means that there was a circumstance that caused some doubt and a pre -trial investigation was initiated, it was thoroughly investigated, which led to the conclusion that the offense had not been committed. I believe that this contributes to a more transparent environment.

– Does this mean that the result of the prosecutor’s work is always positive?

– Yes. The positive result of the prosecutor must not be linked only to the conviction.