Large-scale cigarette smuggling was carried out by an organized group: 30 persons were convicted

The court reports that 20 appeals were filed in the examined criminal case (prosecutor, convicts and their defenders), requesting that some of the convicts be acquitted of all, and some – of some of the crimes, as well as requesting that the case be terminated for some of the crimes, upon conviction acceptance for the statute of limitations. Some complaints also raise questions about the penalties imposed, confiscation of property, civil action, etc.

The panel of judges of the Court of Appeal decided that there is no indisputable evidence in the case confirming the participation of the convicts in a criminal association. The case does not establish the long-term, permanent, close and strong ties between the participants necessary for a criminal association, as well as other possible signs of a criminal association: hierarchical structure, maintenance of discipline and subordination, periodic meetings of the participants, sharing of profits, jointly accumulated funds (common treasury) intended for committing crimes and other activities of the association and to meet the needs of its members.

According to the assessment of the appellate court, the convicts did not act as a criminal association, but as an organized group, the members of which were divided into tasks only when committing specific crimes, therefore the part of the judgment of the district court, by which the convicts were recognized as having participated in a criminal association, was annulled, recognizing them as an organized group.

Some convicts were acquitted by the court of appeals for cigarette smuggling and illegal possession without proving that they participated in these crimes. Also, for some convicts (not crime organizers), taking into account their personalities, role in committing crimes and lengthy criminal proceedings, prison terms were replaced by fines or fines imposed by the court of first instance were reduced.

After the reclassification of the criminal acts, according to the judgment of the Court of Appeals, the organizers of the crimes, Marjans Taraškevičius, were sentenced to a final summary sentence of 10 years in prison and a fine of 3,766 EUR, while Vincent Mačiulaičius was sentenced to a final summary sentence of 14 years and 6 months in prison and a fine of 24,479 EUR.

In addition, the part of the judgment of the district court, by which the amount corresponding to the value or part of the value of the tractors and semi-trailers was confiscated from the convicted persons who participated in the commission of crimes, was annulled.

“The value of the property to be confiscated is recovered only when it is not possible or inappropriate to confiscate the property in kind. While the pre-trial investigation and the hearing of the case in the court of first instance took place, the vehicles were not subject to a temporary restriction of the right to ownership, they were not preserved and there is no longer an opportunity to confiscate them in kind, therefore the burden of responsibility due to the inaction of the officials and excessive property liens cannot be transferred to the convicts”, noted the Court of Appeal. panel of judges.