The accused Vidas M. seriously injured a person on January 29, 2023. Around 04:04 a.m., during the conflict that took place near the night club in Klaipėda, he deliberately struck the victim with his elbow once in the head area.
He fell from the impact and hit the pavement. The victim was found to have a contusion on the head, a fracture of the temporal bone, and blood spilling under the soft cover of the brain. The injuries suffered caused the victim to have a serious health disorder.
Submitted your own version
The accused Vidas M. pleaded guilty in full. He said that he was at a night club with friends that night. When the victim and his friend came to the club, they started creeping up on them and hanging out.
He did not know the victim and his friend, he saw them for the first time. Such actions of the aforementioned persons were not aggressive, but unpleasant, the victim was intoxicated and persistently approached him, hung on his neck, tried to act like a friend, even though they did not know each other.
Not to mention, the victim, who approached their table, tried to lift their glasses with alcoholic beverages (“shots”). At that time, there was no conflict between them inside the club, he communicated amicably with the victim.
When the victim approached their table for the last time to get a drink, the defendant’s friend grabbed the victim’s arms and he went to the security guard to ask the victim and his friend to be removed from the club because they were behaving inappropriately.
Then the accused and his friend went outside to smoke, the other friend stayed in the club, at that time the victim and his friend also approached them. They began to fight, probably angry that they had called a security guard for help.
The friend of the victim started pushing with the friend of Vidos M., and the victim wanted to help his friend. Vidas M. saw what the victim was going to do, so in order to defend his friend, he elbowed the victim in the head area.
After the blow, Vidas M. left immediately, he didn’t have any more conflict, it was the only blow. His friend continued to push with the victim’s friend, who fell, then got up and ran away.
They saw that the victim fell from the impact and did not get up, he lost consciousness, so Vidas M. asked other people to call an ambulance, and he and his friends got scared and left the scene.
After that, he called the security guard and asked about the condition of the victim. Vidas M. realized that his blow could have some consequences for the victim. During the pre-trial investigation, they did not seek contact with the victim, and did not discuss compensation.
He did not contact the victim after the incident, as the investigator indicated that it is not possible to do so, if he could, he would have apologized to the victim. A certain period of time passed between the commission of the criminal act and his finding, and he himself did not contact the police, because he believed that the blow did not cause more serious consequences for the victim and everything ended like that.
The abuser said that he is currently working, has two young children, to whom he provides maintenance of 250 euros per month, the children live with their mothers. His salary is about 1,300 euros per month, he earns extra in construction in the summer.
He does not remember the events of the night
During the court hearing, the victim’s lawyer explained that the client is currently on a trip (the victim works as a seafarer). After the incident, the victim complains of frequent headaches.
Next time, he will need to have a health check before he goes on a flight, so he is very worried that he might lose his job because he will no longer meet the health requirements. After the incident, the victim did not go to the doctor to determine his incapacity for work, but he missed a 5-week sea voyage.
The victim usually agrees on the trip with the employer over the phone, then signs the contract and leaves. That time he refused to go, but for what reasons, he did not specify, as he did not want the employer to find out about this situation.
The victim, interviewed during the pre-trial investigation, said that he came to the bar alone around midnight that evening. He sat at the bar and there he met a man and talked with him.
He drank beer in the bar, he can’t say how much he drank, but he was quite drunk. There was no recollection of any conflict in the bar or after leaving the bar, that anything went wrong.
No circumstances relevant to the investigation can be indicated, because after the trauma, he does not remember the events of that night. When asked if he had any injuries on his hands and teeth when he regained consciousness, he replied that no, he did not remember that his hands were injured. He wants those who injured him to be punished and to be compensated.
Court decision
The judges of the Klaipėda City Chamber of the Klaipėda District Court decided to find Vidas M. guilty of serious health impairment and to sentence him to 2 years of imprisonment, obliging him to be at home from 11 p.m. during the execution of the sentence. until 6 a.m., if it is not related to work, education or treatment.
The husband is also obliged to continue working or to register with the Employment Service. He is prohibited from using psychoactive substances (alcohol, narcotics, psychotropic substances) during the execution of the sentence.
It was decided to partially satisfy the civil claim filed by the victim and to award 170 euros in property damage and 6 thousand to the defendant Vidos M. EUR non-pecuniary damage compensation. Another 1.5 thousand the abuser will have to pay EUR for the victim’s lawyer.
The judgment may be appealed to the Klaipėda District Court through the Klaipėda City Hall of the Klaipėda District Court within 20 days of its publication.
2024-03-09 19:00:00
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