The Unsafe Prosecutor's Decision Regarding the Case of the Possible Fraudulent Appropriation of Data

 

The "Penki kontinentai" group has made an appeal against the prosecutor's decision to suspend the pretrial inquest regarding the probability of illegal actions of the "Universalios valdymo sistemos" (UVS) and the persons associated with the company in converting the data of the payment cards.

"We are convinced that the public prosecutor Erikas Vaitekunas who was supervising the pretrial inquest had neither examined the essential facts, nor investigated lots of witnesses, nor testified the reliability of the information provided by the persons concerned", says the advocate Viktor Lavrinovic who represents the "Penki kontinentai" company.

He also claims that the public prosecutor has made the decision to suspend the pretrial inquest without receiving answers to the most urgent questions.

For example, while inquiring into the case the public prosecutor has came to a conclusion that some of the issues should be clarified by the State Data Security Inspection. The latter, however, has informed that due the lack of the software it is impossible to provide the conclusive judgements regarding the fact of whether the UVS and the persons associated with the company could break the law.

"Thus, in spite of the fact that the main issues are still open, the public prosecutor has made a decision that the actions of the persons mentioned above contain no evidence of the criminal act." Does it mean that in our country it is possible to commit crimes and remain innocent only because the state institutions have no appropriate equipment?", asks V. Lavrinovic.

The public prosecutor E. Vaitekunas, who has made the decision to suspend the pretrial inquest, says that the issue regarding the possible conversion of the payment cards data applies to civil laws.

The public prosecutor should inquire into the appeal made by the "Penki kontinentai" within the five days of the submission of the said appeal and the receipt of the appropriate material. The appeal could be either granted or rejected. In case the public prosecutor rejects the appeal, the decision can be appealed to the court.

On August, 30 the legal officers have carried out searches in the accommodations of the UVS and the "Elektronines mokejimo sistemos", have copied the databases stored on their servers associated with the payments by cards in the retail and petrol stations networks.

The searches have been sanctioned on the suspect of the conversion of the payment cards data with the aim to perform the financial operations.