According to the data, the man, together with other accomplices, organized and coordinated two shipments of contraband cigarettes across the Lithuanian-Belarusian border. The total customs value of these tobacco products amounted to nearly 3 million euros. In addition, he organized the transportation of excise goods within Lithuanian territory, with a customs value of about 386 thousand euros.
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It was also established that for assistance in carrying out one of the criminal acts, the man gave a bribe of 12.5 thousand euros to the senior inspector of the Medininkai road post of the Vilnius territorial customs, and for another act, he had agreed to give a bribe.
In the cassation complaints, the convicted person and his defender raised issues regarding the use of vehicle data recorded by the multifunctional violation control system (DPKS) cameras in the case, the application of the organizer status, and the determination of the value of confiscated property.
The Supreme Court of Lithuania noted that vehicle license plates and their movement data recorded by DPKS cameras can be used as evidence if they are collected for the purpose of investigating criminal acts in accordance with special legal regulations. According to the judges’ panel, in this case, the Customs Criminal Service collected such data lawfully, so they meet the admissibility requirements for evidence.
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The court also clarified that a person can be recognized as the organizer of a criminal act not only when leading an organized group or criminal association but also when preparing the criminal act or coordinating its execution.
Another argument of the cassation applicants was related to the value of the confiscated property. However, the Supreme Court stated that the value of such property must be determined based on its value at the time the criminal act was committed, not on the day of property confiscation.
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The decision of the Supreme Court of Lithuania is final and not subject to appeal.
