On 4 July 2008 the College of Judges of the Criminal Cases Division, Lithuanian Court of Appeals, passed a ruling in a criminal case rejecting the appeals of the prosecutor of the Prosecutor General’s Office and the lawyer of A. M. D., the person exempted from criminal liability, and left the ruling of the Vilnius Regional Court in power. The latter found A. M. D. guilty of committing crimes against humanity and having established that the accused person became not dangerous due to the changed circumstances closed the case and exempted A. M. D. from criminal liability.

The court established that during the 1941-1944 A. M. D. being the officer of the Vilnius district Division, Lithuanian Security Police (the latter being subordinate to the Nazis), implementing orders of the Nazi occupational regime deliberately persecuted civil Jews. In the autumn 1941 together with the officers of the Lithuanian Security Police deliberately arrested civil Jews who had escaped the Ghetto and were persecuted by the Nazis and brought them to the Vilnius headquarters of the Security Police. Arrested persons were incarcerated and deprived of their freedom. A. M. D. was also accused of the fact that in the spring 1942 he deliberately arrested civil persons on the suspicion that they were members of an underground Polish organization in Vilnius.

On 27 March 2006 Vilnius Regional Court passed a ruling that A. M. D. committed a criminal act specified in the article 100 (Treatment of people prohibited under international law) of the Criminal Code, however, as A.M.D. became not dangerous due to the circumstances changed, the criminal case was closed and exempted the accused person from criminal liability. On 14April 2006 Prosecutor General’s Office appealed against this ruling at the Lithuanian Court of Appeals and requested to reverse the said ruling as illegitimate and ungrounded. The lawyer of the accused person also pledged an appeal requesting to acquit the defendant.

In the summer 2006 the Lithuanian Court of Appeals when hearing the said appeals passed a ruling and imposed a forensic examination by commissioning the experts of the Forensic Institute Vilnius division to conduct health examination of A. M. D. and provide conclusions. Having received and examined the conclusions of the forensic expert as well as all the other circumstances of the case, regarding the provisions of the criminal and criminal procedure laws stated that A. M. D. became not dangerous: due to his age, nature of illnesses he suffers from, absence of information that he had committed any new criminal acts. According to the conclusions of the forensic experts and explanations thereof the illnesses the accused person suffers from are progressing, punishment of imprisonment could result in worsening his health and cause his death. The Court stated that A. M. D. `is no menace to society or other persons. According to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Republic of Lithuania no punishment can be imposed that could result in physical suffering or would constitute unreasonably cruel treatment of the said person.

The Court also stated that failure to impose a means of punishment upon the accused person was not in contravention of the Law because the Criminal Code provides for the fact that imposition of penal measures upon an adult person exempted from criminal liability is a right rather than an obligation of the Court.

Lithuanian Court of Appeals rejected the appeals of the prosecutor of the Prosecutor General’s Office and the lawyer of A. M. D. Decision of the Court should be respected and implemented not only by the parties of the said criminal procedure but also by other persons as well. The said ruling has been valid since the day it was passed, i.e. 4 July 2008. Validation thereof means that the previous ruling passed on 27 March 2006 by the Vilnius Regional Court in respect of A. M.D. has also come into force. Upon failure to establish factual and legal grounds in order to pledge a cassation appeal against a valid court ruling the ruling of the Vilnius Regional Court remains valid. According to the Law on Criminal Procedure, after a court ruling came into force the criminal procedure is regarded finished and no pre-trial investigation or other procedural acts (e.g. repeated examination, extradition, etc.) whatsoever are possible in respect of A. M. D.

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