According to the case file, the conflict arose in a store when the customer disagreed with the shoe return policy. Upon receiving information about the conflict situation, the security guard tried to ensure public order and demanded that the aggressively behaving client leave the premises.
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It was determined that the customer did not comply with lawful demands, filmed the employees and the security guard. When the latter pushed away the phone pointed at her, the customer grabbed her hair. Later, the woman was knocked to the ground but continued to actively resist.
While attempting to apply handcuffs, the customer punched the security guard in the face, cutting her lip, and bit another security guard’s hand. After a warning, the security guard used tear gas.
The Supreme Court of Lithuania stated that physical force was used out of official necessity and only to the extent required to perform duties, protect against health hazards, and ensure public order.
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In the court’s assessment, the appellate court improperly evaluated the evidence and disregarded established case law regarding the performance of professional duties as a circumstance precluding criminal liability.
By a final and unappealable decision, the Supreme Court of Lithuania overturned the conviction of the security guard and upheld the first instance court’s decision to dismiss the case.
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