LAT representative Tautvilė Merkevičiūtė informed BNS that the complaint requests to annul the appellate court’s verdict and to terminate the case of abuse of power and document forgery or to send it for re-examination in appellate procedure.
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“A request was also submitted to suspend the execution of the verdict – the payment of a 5,000 euro fine until the case is examined in cassation procedure. This request was denied. The case was decided to be examined in oral proceedings,” said T. Merkevičiūtė.
The hearing date has not yet been set.
At the beginning of July, the appellate court, which upheld the prosecutor’s complaint, found two former police officers guilty of provoking an intoxicated person to drive.
The Vilnius Regional Court found former officers of the Vilnius County Police Response Board guilty of abuse of power and document forgery.
The court imposed fines of 5,000 euros each on Žilvinas Adomaitis and A. Andrulionis. Such penalties were requested by the Vilnius Regional Prosecutor who maintained the public prosecution in the case.
The court took into account the arguments stated in the prosecutor’s complaint that the police officers provoked the person to commit a criminal act, and due to their actions, the reputation of a public official was discredited and the authority of the Lithuanian police was diminished.
Moreover, according to the prosecution, the recording of false data in the police officers’ service reports had significant legal consequences, as it restricted human rights and freedoms.
In January, the Vilnius City District Court acquitted both officers of abuse of power, and regarding document forgery, exempted them from criminal liability and terminated the case.
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According to the case data, in March 2024, the then police officers received a report that a car was parked disorderly in the parking lot of a Vilnius shopping center, its windows fogged up, and the driver inside was possibly intoxicated.
Upon arrival, the officers found the car parked with the engine off. According to the investigation, the driver was provoked by the police officers to move the car to another spot.
When the person started the car and began to move, Ž. Adomaitis and A. Andrulionis approached in a police service vehicle, stopped the car, and determined that the driver’s blood alcohol level exceeded 1.51 per mille.
The police then initiated a pre-trial investigation for driving under the influence, in which they reported false data that the car was reversing when they arrived at the scene.
When the driver was charged, his rights and freedoms were restricted: a written promise not to leave was imposed, his driving rights were suspended, and his rights to use the car were temporarily restricted, with the car being towed to a storage lot.
According to the prosecution, the totality of circumstances established in the case allowed the conclusion that the police officers were aware of the illegality of their actions and consciously allowed harmful consequences to arise.
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