The judges of Kaunas decided whether the girl’s death in a terrible BMW accident amounted to her intentional murder

2023 in the Kaunas Chambers of the Kaunas District Court. December 12 a verdict was passed by which the man from Kaunas, LK, who caused a fatal traffic accident, was found guilty of violating the rules of road traffic safety or vehicle operation, which resulted in the death of a girl who was traveling with him.

The court of first instance found that LK 2022 December 30 In Kaunas, on Tunelio St., while driving a BMW, he grossly violated the Road Traffic Rules (hereinafter referred to as KET), drove at a speed of at least 176 km/h, did not take into account the driving conditions, did not control the vehicle he was driving, drove off the road and hit a street light pole. As a result of these circumstances, a traffic accident was caused, during which the victim, sitting in the passenger seat, was thrown from the car and died as a result of the injuries she sustained during the traffic accident.

LK was sentenced to 2 years and 6 months of imprisonment, suspended for a period of 2 years: he was obliged to continue working and not to leave the city (district) of his place of residence without the permission of the institution supervising the convict, he was prohibited from driving vehicles for 3 years. The court of first instance partially satisfied the claims of the victims and civil plaintiffs and awarded the civil defendant AB “Lietuvos draudimas” AB – P. 7,000 EUR, and DP – 8,100 EUR for non-pecuniary damage compensation.

The sentence was appealed by the convict and the mother of the deceased, it is noted in the notice of the Kaunas District Court.

How did the judges of the higher instance look at the high-profile case?

The mother of the deceased asked the appellate court to annul the verdict: to resume the investigation of the evidence and to reclassify the criminal offense charged by LK as murder, to order the defendant AB “Lietuvos draudimas” EUR 57,000 in non-pecuniary damage compensation and all legal aid costs incurred by it. The convict asked to be released from criminal liability on bail.

The panel of judges stated that there is no reason to reclassify the criminal act committed by LK as murder. The totality of the factual circumstances established in the case allows us to conclude that LK committed the crime due to negligence, that is, criminal trust, and not acting with indirect intent. The case did not establish that LK sought to take EP’s life.

There is no evidence in the case that LK was aware of very likely or even inevitable consequences – the death of a person and did not give up dangerous behavior: the convict tried to avoid a traffic accident by stopping the car, at that time his life was also in danger. The convict relied on his driving experience and skills, believing that even when driving at high speed, he would be able to control the car and stop it if there was an obstacle on the road. In the assessment of the panel of judges, the convict, being young and not socially mature enough, overestimated his abilities and did not expect his act to cause such painful consequences.

The panel of judges decided to increase the amount of non-pecuniary damage awarded to the victim from AB “Lietuvos draudimas” to EUR 57,000. They also awarded her EUR 3,000 from the convicted person for the legal assistance of a lawyer.

The panel of judges stated that the court of first instance did not reasonably exempt LK from criminal liability based on bail, because LK committed an extremely serious violation of the KET – exemption from responsibility in this situation would be contrary to the principle of justice. It should be noted that the court has the right, but not the obligation, to apply the institution of surety.

This ruling of the Kaunas District Court enters into force from the date of its adoption.