“The court decides that the guilt of the accused, having committed two of the three indicted criminal acts, has been fully proven, there is no reason to doubt her guilt. As for the third incriminated criminal act, all the necessary elements of the composition of the criminal act are missing, it has a special status,” says Alma Berniūnaitė, judge of the Šiauliai Chamber of the Šiauliai District Court, who heard the case.
Accused SG directly demanded EUR 500 and EUR 50 bribes from two former employees and one middleman, respectively, via e-mails and SMS messages from different companies.
During the pre-trial investigation and in court, SG denied the guilt. SG argued in court that she met the concept of “a person equivalent to a civil servant” because, according to her, civil servants receive a salary from the state budget, and she did not receive it, although the Constitution guarantees the right to remuneration for work. SG claimed that she does not take bribes, but that she receives a salary in the form of a bribe, in other words, that she does not work for nothing. She asked, not “demanded,” money to live on.
In addition, SG stated that he provided additional services for actions that are not included in the duties and functions of the bankruptcy administrator. In this case, according to SG, civil relations developed between her and the former employees of bankrupt companies, which are unnecessarily criminalized.
The court rejected the aforementioned arguments of SG.
The court found that SG, as a director of a legal entity of a bankruptcy administrator, which is equivalent to a civil servant, while administering the bankruptcy process of an insolvent company, when she assumed the risk of the costs of administering the bankruptcy process, in 2022. in September, he sent a letter to the e-mail of a former employee of a bankrupt company and in it directly demanded a bribe of EUR 500 for his own benefit for lawfully acting in the exercise of his powers, that is, for changing the legal basis for the dismissal of the former employee of the bankrupt company.
In addition, SG, being a bankruptcy administrator as a natural person, who is equivalent to a civil servant, being the bankruptcy administrator of another bankrupt company, when he assumed the risk of the costs of administration of the bankruptcy process, in 2023. in January sent an SMS message and an e-mail to Carito’s lawyer, who mediated for a former employee of the bankrupt company, demanding a bribe of EUR 50.
She sent three more e-mails with the same demand to a former employee of the bankrupt company. In this way, SG openly demanded a bribe of EUR 50 for his own benefit in order to submit the financial claim of the former employee of the bankrupt company to the court for approval.
SG was also accused of, being the director of the legal entity of the bankruptcy administrator, which is equivalent to a civil servant, while administering the company’s bankruptcy process, in 2022. at the end and in 2023 at the beginning sent e-mails to the former manager of the bankrupt company and in them directly demanded a bribe of EUR 200 for his own benefit for legal action in the exercise of his powers, that is, for the orderly documents of the bankrupt company to be transferred to the archive for safekeeping.
SG was acquitted of this crime because, as the court found, at that time the bankruptcy administrator legal entity had already been removed from the list of bankruptcy administrators legal entities, despite the fact that SG continued to sign herself as the director of the bankruptcy administrator legal entity in the e-mails.
Judgment within 20 days. may be appealed to the Šiauliai District Court after publication.
2024-09-09 13:38:37