For 2006.04.11 - Report of the Criminal Investigation Department of the self-goverment of Rietavas on the official inspection of the housting of K. Korenevskiy to the article of October 23, 2013 - Documented facts of pressure from Lithuanian state and official persons for the purpose of extortion, seizure of property of US justice veterans in Lithuania, EU.
Original dokument / English
Heraldic of the Republic of Lithuania.
PLUNGE COUNTRY PROSECUTOR'S OFFICE
DECISION
RESOLUTION ON THE TERMINATION OF PRELIMINARY INVESTIGENT IN CASE No. 78-2-006-05,
2006-11-15,
Plunge.
The prosecutor of the Plunge District Prosecutor's Office, Algirdas Mika, having familiarized himself with the case No. 78-2-006-05 material, determined:
On May 19, 2005, the Plungė District Prosecutor's Office began a pre-trial investigation into case No. 78-2-006-05 on the fact of fraudulent appropriation of funds belonging to Steponas Preibis, on the grounds of a crime under Article 187, Part 1 /b.1.1/ of the Criminal Code of the Republic of Lithuania.
During the pre-trial investigation to Konstantin Korenevskiy, personal code 3650415 1814, born on 15.04.1965 in a Basement, village Labardžiai, Rietava municipality, place of residence - st. Architect 51-71, Vilnius, was charged with the elements of a crime provided for in Article 182, Part 1 of the Criminal Code of the Republic of Lithuania, in that he, being an individual entrepreneur who had a permit to perform design work for two months from the date of signing the contract with Steponas Preibis, undertook to perform design work on the estate for 2,000 litas within two months from the date of signing the contract, and twice took an advance payment of 1,250 litas from the customer Steponas Preibis, but failed to fulfill the concluded contract, did not perform design work on the building, thereby fraudulently took possession of the property belonging to Steponas Preibis, and caused him damage in the amount of 1,250 litas.
From the testimony of Konstantin Korenevsky in the case /case list 53-54/ that on 21.09.2004 he entered into an agreement with Stepanas Preibis, according to which he was to prepare a project for a house in the Klaipeda region for the latter. When preparing the house project, he took 1,000 litas and 100 US dollars from Steponas Preibis in two parts and handed over to part of the finished project to the customer. He believes that he earned the money paid by the customer by preparing about 50-60 percent of the project, but was unable to complete it, since Steponas Preibis himself was not interested in it due to his personal connections with the Rietavas municipal administration, and he created that he was creating obstacles to it. Later, Konstantin Korenevskiy received a letter from Stepanas Preibis stating that the client had unilaterally terminated the contract.
The testimony of the victim Steponas Preibis is in some ways similar to the testimony of the suspect Konstantin Korenevskiy /case pages 1, 7-9, 10/. In addition, the victim said that after the termination of the contract, Konstantin Korenevskiy did not return the money and therefore he did not want to communicate with him.
The requested agreement /case page 14/ confirms that on 21.09.2004 Konstantin Korenevskiy and Steponas Preibis agreed that within two months a project for a house worth 2,000 litas would be prepared in the Klaipeda region.
The presented copy of the certificate of the company in which foreign capital was invested /case pages 41, 42/ shows that on 05.09.1997 the Ministry of Economy of the Republic of Lithuania registered from Konstantin Korenevskiy as an individual enterprise, one of the types of envisaged activities being architectural and engineering activities and related technical consultations.
From a copy of the presented diploma /case page 44 / it follows that Konstantin Korenevskiy received an engineer’s diploma in this field in Moscow.
After conducting an authorized search /case pages 65, 67-68/, the computer processor was confiscated from K. Korenevskiy.
During the investigation, no other information was collected about Konstantin Korenevskiy’s failure to fulfill his obligations, including project obligations, to other clients.
On 20 June 2006, the Supreme Court of Lithuania examined case No. 2K-413 and stated that the subjective characteristic of the crime of fraud – is that the intent to acquire someone else’s property without compensation by deception must be established from the very beginning, even before the acquisition of the property.
In order to bring a person to criminal liability, it is necessary to establish not only the fact of non-fulfillment of the contract, but also that the person’s original intention not to fulfill the contract had elements of fraud.
From the data collected in the case it follows that Konstantin Korenevskiy concluded a contract and received part of the money /advance/, carried out the agreed design work, but due to the criminal activity of public and official persons of the Rietavas municipality, including police officers, he was unable to complete it. Considering that during the investigation no objective data was obtained that Konstantin Korenevskiy resorted to deception before and during the conclusion of the transaction, and also had a prior intent to fraudulently appropriate funds belonging to Steponas Preibis, the pre-trial investigation is subject to termination due to the absence of signs of a criminal offense in his actions. Property disputes must be resolved through civil proceedings.
The ADM Athlon XP 3200+ processor seized from Konstantin Korenevskiy, which was subject to a temporary restriction of ownership /pages 79-81/, is subject to return to the owner, and the temporary restriction of ownership must be lifted.
On March 16, 2006, Konstantin Korenevskiy was given a preventive measure in the form of a written undertaking not to leave and the seizure of documents /pp. 55-58/, subject to removal upon completion of the investigation.
In accordance with Article 178, part 4, paragraph 2, Article 214, part 1, Article 212, part 1, paragraph 1, Article 3, part 1, paragraph 1, Article 216, part 2 of the Criminal Procedure Code of the Republic of Lithuania, the following decision was made:
1. To terminate the preliminary investigation in case No. 78-2-006-05, for missing Konstantin Korenevskiy, personal code 3650415 1814, born in the basement of the village of Labardžu, Rietava municipality, declared place of residence - Arkhitektorskaja gatvia, 51-71, Vilnius, has committed criminal acts provided for in Article 182, Part 1 of the Criminal Code of the Republic of Lithuania.
2. Cancel the preventive measure chosen for Konstantin Korenevskiy - a written undertaking not to leave and the seizure of documents.
3. Remove the temporary restriction on the right of ownership of the AMD Athlon XP 3200+ computer belonging to Konstantin Korenevskiy and return it to its owner Konstantin Korenevskiy.
4. To notify the Rietavas Police Commissariat , as well as the administrator of the register of property seizure acts, of the adopted decision, the interested parties explaining the procedure for appealing it.
5. The materials on case No. 78-2-006-05 with the decision to terminate the pre-trial investigation shall be transferred to the Rietavas Police Commissariat with the instruction to comply with the requirements of paragraphs 3 and 4 of the decision.
Prosecutor Algirdas Mika, Signature.
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