Prison sentence avoided

Court applies Criminal Code Article 54(3) and imposes a 25 MGL fine instead of imprisonment

Article 300 Criminal Code · para. 3

Stage at which the case concluded

A citizen of the Republic of Georgia temporarily living in Lithuania contacted our firm. He faced charges under Criminal Code Articles 25(3) and 300(3), and Articles 25(3) and 259(2).

The case raised two questions: whether a conviction could still be entered for the offense under Article 259(2), and whether a sentence below the statutory range could be imposed for the remaining charge.

Kaunas District Court discontinued proceedings under Article 259(2). The offense was classified as a criminal misdemeanor, for which a conviction had to be entered within three years. That period had expired.

The client was convicted under Articles 25(3) and 300(3). In the same judgment, the court applied Article 54(3) and imposed a sentence below the statutory range: a fine of 25 MGL (EUR 941).

Outcome

Part of the case was discontinued because the time limit for entering a conviction had expired. For the remaining charge, the court applied Criminal Code Article 54(3) and imposed a fine of 25 MGL (EUR 941).

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