The case is returned after satisfying the cassation enchantment of Nėrijaus Puškorius, chief prosecutor of the Organized Crime and Corruption Investigation Division of the Vilnius District Prosecutor’s Workplace.
Mr. Beliūnas is accused of leaving a pen-type recorder underneath the cupboard within the workplace of Redvita Četkauskienė, who was briefly appearing as the overall director, on April 30, 2021, earlier than the assembly of the corporate’s board, the place points of fixing the corporate’s construction had been to be determined, in his place as the top of the Security and Safety Division. omnidirectional stereo microphones. A board assembly relating to modifications within the firm’s construction was imagined to happen on this workplace.
He was acquitted by the courts of two situations, as having not dedicated an act having the traits of against the law or misdemeanor.
The acquittal of M. Beliūnas was decided by the conclusion of the courtroom of first occasion that the proof of the case doesn’t verify that his goal was to gather details about modifications in “Oro navigacijas” and its construction, and the defendant’s model that he solely wished to document his personal dialog with R. Četkauskiene about his dismissal out of workplace, not denied.
The prosecutor, for his half, asserted that Mr. Beliūnas’s actions contained all the required components of a prison act, and his model of the will to document solely a private dialog was denied by the proof of the case. The appellate courtroom rejected these arguments, upholding the acquittal of the primary occasion courtroom.
The LAT ruling states that the reasoning offered by the appellate courtroom in rejecting the prosecutor’s enchantment is contradictory and doesn’t meet the necessities for an in depth examination of the enchantment and the reasoning of the conclusions.
The Vilnius District Court docket, citing the choice to reject the prosecutor’s enchantment, acknowledged that the mannequin of conduct chosen by M. Beliūnas shouldn’t be absolutely appropriate with ethical and moral requirements, however this in itself doesn’t permit his actions to be thought-about prison.
Within the evaluation of the LAT panel of judges, the arguments relating to the character of the ethical and moral violation are illogical and inconsistent.
He obtained there after mendacity that he was going to feed the fish
The case established that particular tools was put in in R. Četkauskienė’s workplace after secretly coming into her workplace earlier than the beginning of labor, utilizing a spanner, with none authorized motive to take action.
“Secretly putting in an audio recording system at one other individual’s office and listening to their conversations with out their data is equal to such an info gathering exercise that restricts human privateness, which solely entities established by regulation have the proper to hold out and for which strict legality necessities are set,” says LAT.
In line with him, sure expectations of privateness additionally exist within the office, subsequently the arbitrary actions recognized on this case are acknowledged as unlawful within the sense of the inviolability of an individual’s non-public life.
This courtroom additionally drew consideration to the truth that the corporate “Oro navigacija” manages personal, confidential and very essential info, and the process for the administration of such info is established in it.
R. Četkauskienė testified that confidential info is mentioned in her workplace. From the case knowledge, it may be seen that the cellphone conversations of R. Četkauskienė, the appearing normal director of Oro navigacijas, on numerous official issues had been really recorded with a secretly put in dictaphone.
In line with LAT, due to this, the appellate courtroom’s reference to the ethical and moral nature of the violation will be thought-about an inappropriate argument.
After evaluating the interior capability of the system “Olympus VP-10” and the approximate battery life, the courtroom acknowledged that M. Beliūnas clearly realized that not solely his dialog may very well be recorded, but additionally different info, presumably associated to each R. Četkauskienė’s private life, each with “Oro navigacija” confidential info”.
In line with the file, that day M. Beliūnas entered the constructing earlier than work began, telling safety that he was going to feed his colleague’s fish. Suspicions arose as a result of his colleague, who has fish at work, had already arrived at work, so it was determined to verify the supervisor’s workplace and thus discovered listening tools.
M. Beliūnas defined in courtroom that he had data that April 30, 2021 could be his final day of labor, subsequently, to be able to shield himself from attainable defamation, he determined that he wanted to document the dialog with R. Četkauskiene.
He positioned the dictaphone in R. Četkauskienė’s workplace, as a result of he knew that she by no means held board conferences in her workplace, and he additionally thought that nobody would permit the dictaphone to be introduced in some other means.
R. Četkauskienė additionally confirmed the circumstances associated to M. Beliūnas’ objectives, that’s, that he had no objective to gather details about what shall be mentioned on the board assembly.
She defined that as a consequence of a mistake, Mr. Beliūnas’ entry to the corporate’s “cloud” the place the fabric supposed for the board is saved was not revoked, so he knew about what was going to be mentioned at this assembly even earlier than the board assembly.
In 2020, M. Beliūnas gained the competitors for the overall director of the state firm “Oro navigacija”.
Earlier than being appointed to this place, he labored within the firm for 3 years, till then Mr. Beliūnas labored within the nationwide protection system and was repeatedly awarded for his deserves and excellence in service. Throughout his work within the transportation sector, he was inspired by the minister’s thanks for his lively work in clarifying the state.
In January 2021, M. Beliūnas was faraway from the place of director after the board expressed insecurity in him.
The state-owned firm “Oro navigacija” is a licensed European air navigation service supplier, offering air visitors management, communication, navigation and monitoring and air navigation info companies all through the Lithuanian airspace, in addition to over the territorial waters and the Baltic Sea airspace, which is included in Vilnius flights. info area.
The corporate additionally ensures the continual operation of the Aeronautical Rescue Coordination Heart, group and coordination of search and rescue operations within the occasion of an plane accident.
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2024-05-19 22:13:39