« We fly the roller coaster »: prosecutors no longer know how to work

« There are two sides in each case: winners and losers. The lawyer and his client won this case unequivocally, there is no dispute here. But everyone, including those here, somehow feel uncomfortable, is that we feel like losing, » said

In this discussion, law researchers, prosecutor’s office and lawyers discussed the « check » scandal that caused a lot of resentment in society.

J. Laucius, arguing with the Code of Ethics of Prosecutors, said he would not be able to speak more about the LAT Order in the M. Sinkevičius case. He only supported the thoughts of the Deputy Prosecutor General Gintas Ivanauskas on the volatility of case law formed in criminal cases.

Justas Laucius/ J. Kalinskas/ Photo by ELTA

« Case law in cases of abuse of cases and in general for crimes against the civil service, it is extremely similar to a roller coaster flying – you never know what will happen, » Laucius said.

He previously led the investigation of the MG Baltic political corruption, and supported the accusation in the courts of all instances in this case. The decisions of the courts of the first and second instances were radically opposed to the said case.

The prosecutor G. Ivanauskas, who participated in the discussion, noted that in the municipalities and other institutions the ethics, immunity services, various commissions – lower control mechanisms – do not perform properly. The prosecutor’s office faces major challenges after the act is criminalized.

« The case law is changing – let’s decide when we apply criminal liability. We, as the prosecutor’s office, must have a clear answer, » said the Deputy Prosecutor General.

He recalled the case when the LAT acquitted the school principal in 2015 for abuse, but was convicted of falsification and misappropriation of documents. The abuse was acquitted of the court if he or she ruled that he had not caused much harm.

« We have three decisions of the Lithuanian Supreme Court panels that are different for similar situations and we need to apply. The practice of seven judges and plenary sessions, but somehow after a period of time, the panel of three judges replaces the practice. We do not know how to proceed. »

We do not know how to proceed.

The SCL publicly announces that the only court of cassation is the only court of cassation to review the judgments of the courts of the general jurisdiction. The main purpose of the Court of Cassation is to ensure uniform case -law of general jurisdiction in the State, that is, this court forms common rules on how to qualify certain and actions and punish the offenses for various crimes.

Prosecutor G. Ivanauskas notes that there is a value policy of society and the value policy of government (Seimas and the Court).

« The courts have to take responsibility for their decisions they are shaping further politics in the state of justice, » says Deputy Prosecutor General.

He questioned whether public opinion on official crimes and their seriousness has changed over several decades, and what punishments should be for this type of crime.

« It seems that public opinion has not changed much, but the Seimas and the courts have changed – it has fallen away from society. Is that good or bad? »

Soviet members returned over 1 million. for another EUR 1 million. The prosecutor’s office fights in the courts

Deimantė Nikitinienė, Chief Prosecutor of the Public Interest Department of the Prosecutor General’s Office, also noted that many municipalities did not work in control mechanisms.

« The regulations were clear. Council members carried checks in bags, council members to that degree acted unfairly, that they did not see any problems to provide checks for fuel for fuel three to four times a day, fuel poured even when the politician is not in Lithuania … phones, TVs, room rental. There was no control: the lack of control and the degree of dishonesty and determined the situation.

It heads the prosecutor’s office, who is likely to recover the funds of the council members by civil proceedings. Other divisions of the prosecutor’s office are known to undergo pre -trial investigations, with politicians suspected and punishable by criminal prosecution.

« In our claims, we emphasize everywhere that council members have taken an oath, sworn in honest and correct duties, and from the day of the oath, their credentials begin. The entire republic is undergoing processes for unjustified refund.

For his part, Mindaugas Kukaitis, Chairman of the Lithuanian Bar Council, says that politicians want to adjust everything except their own responsibility.

« Why we need to regulate political responsibility: both transparency, publicity, trust and accountability – all of which are allocated if we trust the actions of political authorities, their transparency, we as human beings will defend such a state.

« I want much clearer commitments to a person and a lawyer. Not enough for a public official or politician to misrepresent the accounting data, I have returned the money, so the state is not built, » said the chairman of the Bar Council.

E. Kūris: I will not wrap the words in a wool

At the time, a well -known lawyer, former Judge of the Constitutional Court and Professor of Vilnius University Egidijus Kūriai fiercely criticized the LAT order in M. Sinkevičius’ case.

« I will not wrap the words in the cotton wool – I look at that order very critically, » he said during the discussion.

According to the order, the order is drawn as if everything is clear in advance, without writing anything.

« It starts with certain constitutional quotations of the court, either not that quotes, or after removing the signature of the context. Gives a reference to three rulings, as one would be sufficient, two other references are ornaments, optical deception, » Kūris said.

Egidijus Kūris/l. Photo of April/BNS

He pointed out that the LAT is based on the rulings of the Constitutional Court out of the field, or the resolutions adopted to the opposite of what the LAT decided.

Paragraph 7 of the Order of M. Sinkevičius, adopted by the SCL, states that the Constitutional Court of the Republic of Lithuania has noted that it is not always appropriate to recognize such an offense in order to prevent unlawful acts, to impose the most severe measure – a criminal sentence. Therefore, every time it is necessary to decide, to recognize an offense or other offense, it is very important to assess what results can be achieved by means of other, unrelated to criminal punishments. (Constitutional Court rulings of 13 November 1997, 10 November 2005, 15 March 2017).

2005 November 10 The ruling of the Constitutional Court relates to the application of administrative penalties for trading in excise goods without stamps or other special signs. One of the signatories of the resolution is the aforementioned lawyer E. Kūris and later during the discussion that the said ruling was related to alcohol control. There is no data on the possession of alcohol in the criminal case of M. Sinkevičius.

Mr Kūris also said he did not understand what other responsibility was made by the LAT in M. Sinkevičius’ case.

« Did the municipal ethics commission confirmed by the mayor himself? damage – he brings everything into money.

So if we are angry that such Donald Trump brings everything into money and transactions, then in this case the Supreme Court says everything is in order: it is necessary to reward what is happening and misappropriated. What non -pecuniary damage there is about public confidence, authority! All these are empty words, ”the well -known lawyer ironized.

He was also surprised that the accusation of the LAT order had disappeared the mayor for falsification of documents.

« The judge who spoke at a press conference told reporters that this order was equivalent to acquittal. Did I correctly realize that there was no falsification of documents? Where did the falsification of documents disappear?

He called some of the arguments of the LAT very strange, such as the procedure established in municipal acts, the legislator changed the regulation, which indicates that the regulation was bad.

If the warehouse guard fell asleep at the open door, that does not mean that the thief did not commit a crime when he pulled something and brought something.

« If anything is changed, that doesn’t mean the previous regulation was very bad. That’s not about the quality of regulation. I have nothing to personally against the person I hold a gifted politician. It is said that a person, knowing what he does, falsifying documents and misappropriating funds. – The former judge of the Constitutional Court and the European Court of Human Rights shrugged.

Mr Kūris says that it is universal to understand that the mayor’s behavior struck the state, the prestige of self -government, and that prosecutors did not need to prove it through public polls, explaining whether confidence in politician was reduced.

« If the warehouse guard fell asleep at the open door, that does not mean that the thief did not commit a crime when he pulled something and brought something, » said E. Kūris.

According to the case, M. Sinkevičius submitted to Jonava District Municipality Administration for four years of fake benefits, which stated by mobile, online TV and TV acquisition costs (€ 1,487 in total) and illegally misappropriated this amount of money.

LAT terminated this case and M. Sinkevičius returned to the mayor’s post.