Deauville’s Spanish Daughter: Court Denies Stay Request
- This case concerns Dovilė, a woman convicted of a serious crime. She is seeking to postpone the execution of her sentence due to the recent birth of her...
- * Initial Sentencing & Appeals (2024): Dovilė was initially sentenced, and the Court of Appeal partially changed the sentence but kept the overall punishment the same. The Supreme...
- the case is currently focused on the constitutional challenge to Article 338, paragraph 2.
Here’s a summary of the legal case described in the text:
The Case:
This case concerns Dovilė, a woman convicted of a serious crime. She is seeking to postpone the execution of her sentence due to the recent birth of her daughter.
Key Events & Arguments:
* Initial Sentencing & Appeals (2024): Dovilė was initially sentenced, and the Court of Appeal partially changed the sentence but kept the overall punishment the same. The Supreme Court of Lithuania rejected her initial appeal.
* Suspension Pending Constitutional Review (May 2025): The Supreme Court did suspend the execution of her sentence, pending a review of Article 338, paragraph 2 of the Criminal Procedure code. This article generally prevents postponing sentences for women with children under three convicted of serious crimes.
* New Request Based on Child’s Birth (June 2025): Dovilė gave birth to a daughter and argued that traveling with a newborn over 3,500 kilometers (from Spain to Lithuania) would endanger the child’s health.
* Constitutional Challenge: Dovilė argues that Article 338, paragraph 2 violates the Lithuanian Constitution. She claims it’s unconstitutional to deny a sentence postponement simply because of the severity of the crime, when raising a young child is an unavoidable circumstance. She further argues that enforcing the sentence in this situation would be cruel, torturous, and discriminatory.
Current Status:
the case is currently focused on the constitutional challenge to Article 338, paragraph 2. The execution of Dovilė’s sentence is suspended until that challenge is resolved.