“(..) this individual was not assigned an extra obligation, which isn’t immediately supplied for within the regulation, and accordingly within the verdict – to resign”, reads the choice of the Vilnius District Court docket adopted on Wednesday.
As BNS introduced, the Lithuanian Probation Service utilized to the court docket to make clear whether or not the imprisoned member of the Seimas ought to resign.
On Wednesday, the submission of the Lithuanian Probation Service was examined by the written process of the Vilnius District Court docket’s panel of judges Nijolė Žimikeė, Jurgita Kolyčienė and Ugnius Trumpulis – the identical panel that acquitted V. Gapšis and different defendants within the political corruption case in April 2022.
Final November, the Court docket of Enchantment of Lithuania sentenced V. Gapšius to 5 and a half years in jail for corruption crimes, and he’s at the moment serving time in Kaunas jail.
A politician can be disadvantaged of the proper to be elected or appointed to all positions elected or appointed by state or municipal establishments and establishments, firms or non-governmental organizations for 5 years.
In December, the Seimas didn’t cancel the mandate of V. Gapšis within the Seimas throughout the impeachment, as a result of it was not potential to collect not less than 85 votes supporting such a choice.
The panel of judges agreed with the place of the protection counsel of the convicted individual, that within the occasion that it was aimed to make clear that the measure of legal impression might be carried out already now, earlier than the expiration of the powers of a member of the Seimas, as supplied for by the Structure, there could be a foundation to use to the Constitutional Court docket with a request to make clear whether or not the provisions of the Prison Code don’t contradict to the provisions of the Structure.
They set up that the mandate of a member of the Seimas, if it turns into clear {that a} crime has been dedicated, can solely be revoked within the impeachment course of.
Now, the panel of judges has not decided the grounds for making use of to the Constitutional Court docket.
In his response to the request of the Probation Service, the lawyer of the convict, Vaidotas Sviderskis, said that the ensuing authorized scenario and the query of the interpretation of the measure of legal impression is important from the viewpoint of legal and constitutional regulation.
“If the penal measure in query is interpreted in such a method that VG himself should resign from his present duties, the essence of the impeachment process of a member of the Seimas enshrined within the Structure of Lithuania could be denied, and such a scenario would come up the place the court docket would take over these features that aren’t supplied for within the Structure,” the lawyer asserted.
The court docket ruling might be appealed to the Court docket of Enchantment of Lithuania inside seven days of its receipt.
The politician is discovered responsible of bribery and affect peddling.
The Court docket of Enchantment said that Raimondas Kurlianskis, the previous vice chairman of the priority “MG Baltic” (now “MG Grupė”), requested V. Gapšis, utilizing his place as a member of the Seimas and his affect on fellow get together members, to affect different civil servants – the then Speaker of the Seimas, members of the Labor Get together faction within the Seimas, Seimas The administration and members of the Price range and Finance Committee and the Minister of Agriculture – that they act legally and illegally within the train of their powers as requested by R. Kurlianskis.
In line with the court docket report, an unlawful reward was agreed upon for this – disguised bribes, which, after V. Gapšius promised to affect the requested individuals and he himself carried out the actions requested by R. Kurlianskis, obtained an extra 12.1 thousand. EUR low cost for the political promoting of the Labor Get together and 15 thousand. EUR help to the general public establishment “Artwork and Sports activities Initiatives”.
On this case of political corruption, the Labor Get together, Liberalu sajūdis, MG Grupė concern, R. Kurlianskis, former members of the Seimas Eligijus Masiulis, Gintaras Steponavičius, Šarūnas Gustainis had been discovered responsible.
V. Gapšys has appealed the decision to the Supreme Court docket of Lithuania.
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2024-05-22 17:51:24