T. Bani’s fine was reduced from 48 thousand. EUR up to 27.5 thousand. euros, the court reported on Thursday.
The three-judge panel also rejected the appeal of former hospital specialist Edvards Bieront, who was convicted of abuse of office during the public procurement of the Plungė district municipal hospital and fraudulent management of financial accounting. He was fined 65,000 for the crimes he committed. EUR fine and the right to work in the civil service was revoked for five years.
T. Banys was convicted for helping this specialist to abuse his office and fraudulently managing accounting records.
The convicts were also jointly and severally ordered to compensate the hospital for more than 43,000. EUR damage caused by the purchase of medical goods from the company actually managed by E.Bieront, whose formal manager was T.Banys, who won the public procurement.
The panel of judges of the Court of Appeal stated that the conclusions of the court of first instance regarding the participation of E.Bieronto and T.Bani in committing crimes, their guilt and the classification of criminal acts are correct and based on the examined evidence.
“The appellate court had no doubt that E. Bierontas was the actual manager of the company: he decided the issues of operations and cash management, submitted financial documents for T. Bani’s signature, executed payment orders, and cashed out the company’s money. Therefore, he, like the formal head of the company, T. Banys, is responsible for the proper organization of the company’s accounting,” the court report reads.
The evidence in the case also confirms that T.Banys realized that by acquiring the company in his own name, but actually allowing E.Bieront to carry out the activities and knowing about E.Bieront’s purchases and sales for the hospital, he helped E.Bieront abuse his office.
The panel of judges of the appellate court concluded that the punishments imposed on the convicted E.Bieronts for the crimes committed – neither the type nor the amount of the fines are clearly too severe and there is no reason to reduce them. However, it was established that T.Bani was fined 43,000 for abusing his service. EUR fine is incorrect.
“T. Bani’s role in committing the criminal act was not the main one, he did not abuse the service himself, but only helped E. Bieronts to abuse it. This obviously reduces the danger of T.Bani’s actions. In addition, the convict T. Banys is being tried for the first time, he is working, and he has not committed any new violations during the period since the crime was committed. All these circumstances positively describe the personality of the convicted person”, the judgment of the Court of Appeal states.
The verdict of the Court of Appeal of Lithuania entered into force immediately, but it can still be appealed to the Supreme Court of Lithuania.
According to the case, the company sold medical goods to the hospital at a much higher price than the hospital could have purchased on its own from the original supplier. It is estimated that in this way, from September 2019 to September 2020, more than 43 thousand were made for the hospital. EUR property damage.
The part of the judgment of the court of first instance regarding the compensation of damages was left unchanged, so the convicts will have to pay more than 43 thousand to the municipal hospital of Plungė district. EUR damage.
Last July, E. Bierontas was also found guilty of bribery in the case of health care sector public procurement.
After agreeing with the arguments of the prosecutor of the Klaipėda District Prosecutor’s Office, the court awarded the man 7 thousand. EUR fine and deprived of the right to work in the civil service for three years.
This criminal order was not appealed and became final.
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2024-09-28 14:29:13
