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1. A person who produces counterfeit or forges genuine currency or securities of Lithuania or another state which are in circulation or which have been officially approved, but have not been issued into circulation yet or acquires, imports, exports, transports, stores or handles counterfeit or forges genuine currency or securities of Lithuania or another state which are in circulation or which have been officially approved, but have not been issued into circulation yet or produces, acquires, stores or handles the equipment, software, electronic data or other means, including any means of protection or special materials directly intended or adapted for the production of counterfeit currency or securities or for the forgery of genuine currency or securities

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to four years.

2. A person who produces, forges, acquires, imports, exports, transports, stores or handles, in a large quantity or of a high value, counterfeit or forged currency or securities which are in circulation in Lithuania or another state or which have been officially approved, but have not been issued into circulation yet

shall be punished by a custodial sentence for a term of three up to ten years.

3. A person who, upon obtaining as genuine, handles a small quantity of counterfeit or forged currency or securities which are known to be such and are in circulation in Lithuania or another state

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

4. A person who, while being authorised to produce genuine currency, but in violation of the established procedure for or conditions of producing currency, produces the currency which is in circulation in Lithuania or another state or which has been officially approved, but has not been issued into circulation yet, also a person who stores, imports, exports, transports, acquires or handles such currency while being aware that


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person who stores, imports, exports, transports, acquires or handles such currency while being aware that it has been produced in violation of the procedure for or conditions of producing currency,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

5. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 214. Production of a Counterfeit Electronic Means of Payment, Forgery of a Genuine Electronic Means of Payment or Unlawful Possession of an Electronic Means of Payment or Data Thereof

1. A person who produces one or more counterfeit electronic means of payment or parts thereof or forges one or more genuine electronic means of payment or unlawfully acquires, stores, transfers or handles one or more another person’s, counterfeit or forged electronic means of payment or unlawfully acquires, stores, transfers or handles data of one or more electronic means of payment or data of the means of identification of the user thereof sufficient to initiate a financial operation or produces, acquires, stores, transfers or handles the equipment, software or other means directly intended or adapted for the production of counterfeit electronic means of payment or parts thereof or for the forgery of genuine electronic means of payment

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to six years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 215. Unlawful Use of an Electronic Means of Payment or Data Thereof

1. A person who unlawfully initiates or performs one or more financial operations with the help of one or more another person’s, counterfeit or forged electronic means of payment or by unlawfully using one or more another person’s electronic means of payment or data of the means of identification of the user thereof or by using the data of one or more identification means which are known to be counterfeit or recognises as lawful the unlawful use of one or more another person’s, counterfeit or forged electronic means of payment, which is known to be unlawful,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to six years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 216. Laundering of Property as Proceeds from Crime

1. A person who, with a view to concealing or legitimising his own or another person’s property, while being aware that it has been obtained as proceeds from crime, acquires, manages, uses, transfers the property to other persons, performs financial operations related to this property, enters into transactions, uses it in economic and commercial activities, otherwise transforms it or falsely indicates that it has been obtained from lawful activities, also a person who conceals the actual nature of his own or another person’s property, its source, location, disposal and movement or ownership thereof or other rights related to the property, while being aware that the property has been obtained as proceeds from crime,

shall be punished by a fine or a custodial sentence for a term of up to seven years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 217. Trading in Financial Instruments Through Access to Inside Information

1. A person who, having access to inside information about the events essential for the issuer or other inside information relating to the issuer or financial instruments thereof, directly or indirectly enters into a transaction on the financial instruments of this issuer or places, modifies or cancels an order to buy or sell the financial instruments of this issuer or communicates this information to third parties or recommends or offers third parties to acquire or to transfer the financial instruments of the issuer whereto such inside information is related to or to modify or cancel the order to buy or sell the financial instruments of this issuer, where as a result thereof that person avoids major property damage or obtains major property benefit for own benefit or for the benefit of other persons or incurs major property damage to the issuer or another market participant or causes serious consequences for the market in financial instruments and/or the financial system,

shall be punished by restriction of liberty or by a fine or by a custodial sentence for a term of up to four years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 218. Market Manipulation in Financial Instruments

1. A person who directly or indirectly enters into a transaction or places an order to buy or sell financial instruments or spreads false, misleading or incomplete information about the issuer or financial instruments thereof in order to artificially increase or reduce the price of the financial instruments or to give false or misleading signals as to the supply of, demand for, or price of the financial instruments or the price thereof or to secure the price of the financial instruments at an abnormal or artificial level or directly or indirectly enters into a transaction or places an order to buy or sell the financial instruments employing a fictitious device or any other means prohibited by legal acts,where as a result thereof that person avoids major property damage or obtains major property benefit for own benefit or for the benefit of other persons or incurs major property damage to the issuer or another market participant or causes serious consequences for the market in financial instruments and/or the financial system,

shall be punished by restriction of liberty or by a fine or by a custodial sentence for a term of up to four years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 219. Failure to Pay Taxes

1. A person who, upon filing a tax return or submitting a report approved in accordance with the established procedure or another document, fails to timely pay the taxes calculated according thereto after he is reminded by an institution authorised by the State about the duty to pay taxes

shall be punished by a fine or by a custodial sentence for a term of up to four years.

2. A person who, having committed the act indicated in paragraph 1 of this Article, fails to pay taxes in the amount of over 500 MSLs as payable by him

shall be punished by a custodial sentence for a term of two up to six years.

3. A person who, having committed the act indicated in paragraph 1 of this Article, fails to pay taxes in the amount not exceeding 10 MSLs as payable by him shall be considered to have committed a misdemeanour

shall be punished by community service or by a fine or by restriction of liberty.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 220. Provision of Inaccurate Data on Income, Profit or Assets

1. A person who, seeking to evade the payment of taxes the amount whereof exceeds 100 MSLs, provides data on the person’s income, profit, assets or the use thereof that are known to be inaccurate in a tax return or in a report approved in accordance with the specified procedure or in another document and submits such data to an institution authorised by the State

shall be punished by a fine or by a custodial sentence for a term of up to four years.

2. A person who commits the act indicated in paragraph 1 of this Article, where the tax amount exceeds 750 MSLs or by participating in an organised group,

shall be punished by a custodial sentence for a term of up to eight years.

3. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 221. Failure to File a Tax Return or to Submit a Report or Another Document

1. A person who fails, in accordance with the procedure laid down by legal acts and seeking to evade  the payment of taxes or other fees the amount whereof exceeds 100 MSLs, to timely file with an institution authorised by the State a tax return or to submit thereto a report approved in accordance with the specified procedure or another document concerning a person’s income, profit or assets after this state institution reminds him in writing of the duty to submit them

shall be punished by a fine or by a custodial sentence for a term of up to four years.

2. A person who commits the act indicated in paragraph 1 of this Article, where the amount of taxes or other fees exceeds 500 MSLs,

shall be punished by a custodial sentence for a term of two up to six years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 222. Fraudulent Management of Accounts

1. A person who fraudulently manages the accounts required by legal acts or conceals, destroys or damages accounting documents, where this disables, fully or in part, determination of the person's activities, the amount or structure of the assets, equity or liabilities thereof,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 223. Negligent Management of Accounts

1. A person who is under the obligation, but fails to manage the accounts required by legal acts or negligently manages the accounts required by legal acts or fails to store the accounting documents for a period stipulated by laws, where this disables, fully or in part, determination of the person’s activities, the amount or structure of the assets, equity or liabilities thereof,

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 224. Production, Storage or Handling of Counterfeit or Forged Postage Stamps, Travel or Other Tickets, Tax Stamps or Other Official Marking Signs

1. A person who produces, stores or handles counterfeit or forged postage stamps, travel or other tickets, tax stamps or other official marking signs

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A person who produces, stores or handles, in a large quantity or of a high value, counterfeit or forged postage stamps, travel or other tickets, tax stamps or other official marking signs

shall be punished by a custodial sentence for a term of up to four years.


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Article 2241. Interpretation of Concepts

1. The property referred to in Article 216 of this Chapter as obtained as proceeds from crime shall be property of any form obtained directly or indirectly from a criminal act.

2. The property damage and property benefit referred to in Articles 217, 218 of this Chapter shall be considered as major when the value thereof exceeds the amount of 250 MSLs.

3. The inside information referred to in Article 217 of this Chapter shall be interpreted as defined in Article 7(1) to (4) of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC and may only be made public in accordance with the procedure laid down in Article 17 of this Regulation.

 

CHAPTER XXXIII

CRIMES AND MISDEMEANOURS AGAINST CIVIL SERVICE AND PUBLIC INTEREST


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1. A civil servant or a person equivalent thereto who, for own benefit or for the benefit of other persons, directly or indirectly on his own or through an intermediary, promises or agrees to accept a bribe, demands or provokes giving it or accepts it for a lawful act or omission in exercising his powers

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

2. A civil servant or a person equivalent thereto who, for own benefit or for the benefit of other persons, directly or indirectly on his own or through an intermediary, promises or agrees to accept a bribe, demands or provokes giving it or accepts it for an unlawful act or omission in exercising his powers

shall be punished by a fine or a custodial sentence for a term of up to seven years.

3. A civil servant or a person equivalent thereto who, for own benefit or for the benefit of other persons, directly or indirectly on his own or through an intermediary, promises or agrees to accept a bribe, demands or provokes giving it or accepts a bribe of the value exceeding 250 MSLs for a lawful or unlawful act or omission in exercising his powers

shall be punished by a custodial sentence for a term of two up to eight years.

4. A civil servant or a person equivalent thereto who, for own benefit or for the benefit of other persons, directly or indirectly on his own or through an intermediary, promises or agrees to accept a bribe, demands or provokes giving it or accepts a bribe of the value lower than 1 MSL for a lawful or unlawful act or omission in exercising his powers

shall be punished by a fine or by arrest.

5. A civil servant or a person equivalent thereto shall be held liable in accordance with this Code for a promise or agreement to accept a bribe or for a demand or provocation to give a bribe or for the acceptance of a bribe


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accept a bribe or for a demand or provocation to give a bribe or for the acceptance of a bribe both for a specific act or omission in exercising his powers and for exceptional position or favour.

6. A legal entity shall also be held liable for the acts provided for in this Article.


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1. A person who, by seeking that a person, in taking advantage of his social status, office, powers, family relationship, contacts or other likely influence on a state or municipal institution or agency, international public organisation, a civil servant thereof or a person equivalent thereto, would exert an influence on the respective institution, agency or organisation, civil servant or person equivalent thereto to ensure their lawful or unlawful act or omission in exercising their powers, directly or indirectly on his own or through an intermediary offers, promises to him or to a third party or agrees to give or gives a bribe

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to four years.

2. A person who, by taking advantage of his social status, service, powers, family relationship, contacts or other likely or alleged influence on a state or municipal institution or agency, international public organisation, a civil servant thereof or a person equivalent thereto and for own benefit or for the benefit of other persons, directly or indirectly on his own or through an intermediary promises or agrees to accept a bribe or demands or provokes to give a bribe or accepts a bribe in exchange for a promise to exert an influence on the respective institution, agency or organisation, civil servant or person equivalent thereto to secure their lawful or unlawful act or omission in exercising their powers

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

3. A person who carries out the actions provided for in paragraph 1 of this Article by offering, promising or agreeing to give or giving, directly or indirectly on his own or through an intermediary, a bribe of the value exceeding 250 MSLs

shall be punished by a fine or a custodial sentence for a term of up to seven years.

4. A person who carries out the actions provided for in paragraph 2 of this Article by promising or


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A person who carries out the actions provided for in paragraph 2 of this Article by promising or agreeing or demanding or provoking to give or accepting, directly or indirectly on his own or through an intermediary, a bribe of the value exceeding 250 MSLs

shall be punished by a custodial sentence for a term of two up to eight years.

5. A person who carries out the actions provided for in paragraph 1 or 2 of this Article by offering, promising or agreeing to give or giving or by promising or agreeing to accept or demanding or provoking to give or by accepting, directly or indirectly on his own or through an intermediary, a bribe of the value lower than 1 MSL shall be considered to have committed a misdemeanour and

shall be punished by a fine or by restriction of liberty or by arrest.

6. A person who commits an act provided for in paragraph 1, 3 or 5 of this Article shall be released from criminal liability where he was demanded or provoked to give a bribe and he, upon offering or promising to give or giving the bribe directly or indirectly on his own or through an intermediary, voluntarily notifies a law enforcement institution thereof within the shortest possible time, but in any case before the delivery of a notice of suspicion raised again him, shall also be released from criminal liability where he promises to give or gives the bribe with the law enforcement institution being aware thereof.

7. Paragraph 6 of this Article shall not apply to a person who offers or promises to give or gives, directly or indirectly on his own or through an intermediary, a bribe to a person referred to in Article 230(2) of this Code.

8. A legal entity shall also be held liable for the acts provided for in paragraphs 1, 2, 3, 4 and 5 of this Article.


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1. A person who, directly or indirectly on his own or through an intermediary, offers, promises or agrees to give or gives a bribe to a civil servant or a person equivalent thereto or a third party in exchange for a desired lawful act or omission of the civil servant or person equivalent thereto in exercising his powers

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to four years.

2. A person who, directly or indirectly on his own or through an intermediary, offers, promises or agrees to give or gives a bribe to a civil servant or a person equivalent thereto or a third party in exchange for a desired unlawful act or omission of the civil servant or person equivalent thereto in exercising his powers

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

3. A person who carries out the actions provided for in paragraph 1 or 2 of this Article by offering, promising or agreeing to give or giving, directly or indirectly on his own or through an intermediary, a bribe of the value exceeding 250 MSLs

shall be punished by a fine or a custodial sentence for a term of up to seven years.

4. A person who carries out the actions provided for in paragraph 1 or 2 of this Article by offering, promising or agreeing to give or giving, directly or indirectly on his own or through an intermediary, a bribe of the value lower than 1 MSL shall be considered to have committed a misdemeanour and

shall be punished by a fine or by restriction of liberty or by arrest.

5. A person who carries out the actions provided for in paragraphs 1, 2, 3, or 4 of this Article shall be held liable in accordance with this Code for seeking, by bribing, both a specific act or omission of a civil servant or a person equivalent to him in exercising


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both a specific act or omission of a civil servant or a person equivalent to him in exercising his powers, as well as exceptional position or the favour of this person, regardless of how his actions are understood by the civil servant or the person equivalent to him.

6. A person shall be released from criminal liability for grafting where he was demanded or provoked to give a bribe and he, upon offering or promising to give or giving the bribe directly or indirectly on his own or through an intermediary, voluntarily notifies a law enforcement institution thereof within the shortest possible time, but in any case before the delivery of a notice of suspicion raised again him, also where he promises to give or gives the bribe with the law enforcement institution being aware thereof.

7. Paragraph 6 of this Article shall not apply to a person who offers or promises to give or gives, directly or indirectly on his own or through an intermediary, a bribe to a person referred to in Article 230(2) of this Code.

8. A legal entity shall also be held liable for the acts provided for in paragraphs 1, 2, 3 and 4 of this Article.


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Article 228. Abuse of Office

1. A civil servant or a person equivalent thereto who abuses his official position or exceeds his powers, where this incurs major damage to the State, the European Union, an international public organisation, a legal or natural person,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

2. A person who commits the act provided for in paragraph 1 of this Article seeking material or another personal gain, in the absence of characteristics of bribery,

shall be punished by a fine or a custodial sentence for a term of up to seven years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2281. Unlawful Registration of Rights to an Item

A civil servant or a person equivalent thereto who, while performing the functions of a registrar in a public register, registers rights to an item

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

 

Article 229. Failure to Perform Official Duties

A civil servant or a person equivalent thereto who fails to perform his duties through negligence or performs them inappropriately, where this incurs major damage to the State, the European Union, an international public organisation or a legal or natural person,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.


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1. The civil servants referred to in this Chapter shall be state politicians, state officials, judges and civil servants under the Law on the Civil Service and other persons who, by way of employment or by holding office on other statutory grounds at state or municipal institutions or agencies, perform the functions of a government representative or have administrative powers, as well as official candidates for such office.

2. A person who, regardless of his status according to legal acts of a foreign state or a international public organisation, performs the functions of a government representative, including judicial functions, has administrative powers or otherwise ensures the implementation of public interest through employment or by holding office on other grounds at an institution or body of a foreign state or of the European Union, an international public organisation or an international judicial institution or a judicial institution of the European Union or a legal person or another organisation controlled by the foreign state, also official candidates for such office shall be held equivalent to a civil servant. Any foreign territory, regardless of its legal status, which covers all levels and areas of governance shall be considered a foreign state.

3. Moreover, a person who is employed or holds office on other statutory grounds in a public or private legal person or another organisation or is engaged in professional activities and has appropriate administrative powers or is entitled to act on behalf of the legal person or another organisation or provides public services, also an arbitrator or jury shall also be held equivalent to a civil servant.

4. A bribe referred to in this Chapter shall mean an unlawful or unjustified reward expressed in the form of any material or another personal benefit for oneself or for another person (whether tangible or intangible, which have an economic value or market value without such) in exchange for a desired lawful or unlawful act or inaction of a civil servant or a person equivalent thereto in exercising his powers.

5. The exercise of the powers specified in this Chapter shall include any use of the position of a civil servant or a person equivalent to


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specified in this Chapter shall include any use of the position of a civil servant or a person equivalent to him, regardless of whether this falls within the scope of statutory powers of the civil servant or the person equivalent to him.

6. For the purposes of the application of provisions of Article 72 of this Code, the result of the acts prohibited under Article 226(1), (3) and (5) and Article 227 of this Chapter shall be the property of any type obtained directly or indirectly from such acts, including property benefit arising from a desired act or omission of a civil servant or a person equivalent to him in exercising his powers, regardless of whether it is obtained in the course of an activity which can be carried out lawfully in accordance with the procedure prescribed by legal acts.


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CHAPTER XXXIV

CRIMES AND MISDEMEANOURS AGAINST JUSTICE

 

Article 231. Hindering the Activities of a Judge, Prosecutor, Pre-trial Investigation Officer, Lawyer or Bailiff

1. A person who, in any manner, hinders a judge, a prosecutor, a pre-trial investigation officer, a lawyer or an officer of the International Criminal Court or of another international judicial institution in performing the duties relating to investigation or hearing of a criminal, civil, administrative case or a case of the international judicial institution or hinders a bailiff in executing a court judgment

shall be punished by community service or by a fine or by restriction of liberty or by a custodial sentence for a term of up to two years.

2. A person who commits the act indicated in paragraph 1 of this Article by using violence or another coercion

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 232. Contempt of Court

A person who publicly, in an abusive manner by an action, word of mouth or in writing, humiliates a court or a judge executing justice by reason of their activities

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.


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Article 233. Influence on a Witness, Victim, Expert, Professional or Translator/Interpreter

1. A person who, in any manner, seeks to influence a witness, victim, expert, professional or translator/interpreter so that they would give false testimony, present false conclusions, clarifications or incorrect translations during a pre-trial investigation or in court or before the International Criminal Court or at another international judicial institution or hinders their arrival when summoned to a pre-trial investigation officer, a prosecutor, the court or the International Criminal Court or another international judicial institution

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A person who, in any manner, seeks to influence a witness, an expert, a professional or a translator/interpreter so that they would give false testimony, present false conclusions, clarifications or incorrect translation/interpretation during impeachment proceedings to a special investigation commission formed by the Seimas or to the Seimas or hinders their arrival when summoned to the special investigation commission formed by the Seimas or to the Seimas

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

3. A person who commits the acts indicated in paragraphs 1 and 2 of this Article by using violence or another coercion

shall be punished by arrest or by a custodial sentence for a term of up to four years.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 234. Influence on the Victim to Reconcile with the Offender

A person who seeks to influence the victim, a representative of the State or a legal entity to reconcile with the offender, where this involves the use of violence or another coercion,

shall be punished by arrest or by a custodial sentence for a term of up to four years.


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1. A person who lodges a false complaint, submits a false statement or report about a criminal act or gives false testimony as a witness or a victim, or presents false conclusions or a clarification as an expert or a professional, or as a translator/interpreter provides a false translation/interpretation or a translation/interpretation known to be incorrect during a pre-trial investigation and/or with a court or the International Criminal Court or another international judicial body

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A person who, during impeachment proceedings, gives false testimony as a witness, or presents false conclusions or a clarification as an expert or a professional, or as a translator/interpreter makes a false translation or a translation known to be incorrect to a special investigation commission formed by the Seimas or to the Seimas or who submits a false report, clarification, information or data to an ad hoc investigation commission of the Seimas or to a Seimas committee whereto the Seimas has granted the powers of an ad hoc investigation commission

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

3. A person who commits the act indicated in paragraph 1 of this Article accusing a person of commission of a serious or grave crime

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to five years.

4. The victim or a witness shall not be held liable for giving false testimony where, under laws, he has the right to refuse to give testimony, however was not made familiar with this right before questioning.


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Article 236. False Denunciation or Report about a Non-Existent Crime

1. A person who falsely denounces before an authority or officer empowered to initiate prosecution an innocent person to have committed a criminal act, where this results in initiation of prosecution against the person, or who reports a crime known to be non-existent

shall be punished by community service or by a fine or by a custodial sentence for a term of up to two years.

2. A person who carries out the actions provided for in paragraph 1 of this Article and forges evidence for the initiation of prosecution against a person

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

 

Article 237. Concealment of a Crime or the Perpetrator

1. A person who, without prior arrangement, conceals, destroys or obliterates the evidence, tools or means of a serious or grave crime committed by another person, the items obtained by criminal means, other articles which are connected with the concealed crime and which have evidential value or conceals the perpetrator

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. The close relatives and family members of the perpetrator shall not be held liable for the acts provided for in this Article.


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Article 238. Failure to Report a Crime

1. A person who, without a valid reason, fails to report to a law enforcement agency or to a court a grave crime known to him, either in progress or already committed,

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to one year.

2. The close relatives and family members of the perpetrator shall not be held liable for a failure to report a crime.

 

Article 239. Disrupting the Work of a Place of Detention

1. A person who, while held in detention, in custody or serving the sentence of arrest, a custodial sentence or a life custodial sentence, terrorises another person or persons confined in a place of detention

shall be punished by a custodial sentence for a term of up to six years.

2. A person who, while held in detention, in custody or serving the sentence of arrest, a custodial sentence or life custodial sentence, organises riots among other persons confined in a place of detention, where they result in a serious bodily harm or loss of life or incur major property damage or cause other serious consequences, also a person who takes an active part in such riots

shall be punished by a custodial sentence for a term of three up to fifteen years.

 

Article 240. Freeing a Prisoner

A person who, through the use of violence against guards or abuse of trust or by deceit, frees a person held in detention, in custody or serving the sentence of arrest or a custodial sentence or a custodial life sentence

shall be punished by arrest or by a custodial sentence for a term of up to six years.


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Article 241. Escape of a Prisoner

1. A person who, while held in detention, in custody or serving the sentence of arrest, a custodial sentence or a life custodial sentence, escapes from his place of detention

shall be punished by arrest or by a custodial sentence for a term of up to three years.

2. A person who carries out the actions provided for in paragraph 1 of this Article by using violence against guards or other persons or incurring major property damage to his place of detention

shall be punished by a custodial sentence for a term of up to five years.

 

Article 242. Evasion of Serving the Sentence of Arrest or a Custodial Sentence or of Return to the Place of Pre-Trial Detention

A person who, having been sentenced to arrest or custodial sentence, but not yet arrested, evades serving of the imposed penalty or, having been temporarily released from a short-term detention facility or a place of detention or a place of pre-trial detention, fails to timely return without a valid reason

shall be punished by a fine or by a custodial sentence for a term of up to two years.

 

Article 243. Evasion of Serving a Non-Custodial Sentence or of Complying with Penal Sanctions

A person who evades serving of a non-custodial sentence or complying with a penal sanction (with the exception of confiscation of property) shall be considered to have committed a misdemeanour and

shall be punished by a fine or by arrest.


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Article 244. Failure to Comply with a Penalty Imposed upon a Legal Entity

The employee of a legal entity who is responsible for compliance with a penalty imposed upon this legal entity and who fails to comply therewith shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by arrest.

 

Article 245. Failure to Comply with a Court’s Decision Not Associated with a Penalty

A person who fails to comply with a court’s decision not associated with a penalty shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

 

Article 246. Conveyance, Concealment, Destruction of or Damage to a Distrained or Seized Property or a Property Subject to a Temporary Restriction of the Right of Ownership

1. A person who conceals, destroys or damages a distrained or seized property which has been entrusted to him or a property which is subject to a temporary restriction of the right of ownership or who unlawfully conveys this property to another person

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who conceals, destroys or damages a distrained or seized property of a high value which has been entrusted to him or a property of a high value which is subject to a temporary restriction of the right of ownership or who unlawfully conveys this property to another person

shall be punished by a custodial sentence for a term of up to seven years.


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Article 247. Unauthorised Disclosure of Pre-Trial Investigation Data

A person who discloses pre-trial investigation data prior to the hearing of a case at a court sitting without the authorisation of a judge, a prosecutor or a pre-trial investigation officer investigating this case shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

 

Article 248. Interpretation of Concepts

1. Close relatives shall be parents/adoptive parents, children/adopted children, brothers, sisters, grand parents and grand children.

2. Family members of the perpetrator shall be the parents/adoptive parents, children/adopted children, brothers, sisters and their spouses living together with him, also the spouse of the perpetrator or the person living with him in common law/partnership and parents of the spouse.

3. Law enforcement institutions shall be the police, other bodies of pre-trial investigation and the prosecutor’s office, also entities of criminal intelligence.

4. The property as provided for in this Chapter shall be considered to be of a high value where its value exceeds the amount of 250 MSLs.

 

CHAPTER XXXV

CRIMES AGAINST PUBLIC SECURITY


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CHAPTER XXXV

CRIMES AGAINST PUBLIC SECURITY

 

Article 249. Criminal Association

1. A person who participates in the activities of a criminal association

shall be punished by a custodial sentence for a term of three up to fifteen years.

2. A person who participates in the activities of a criminal association armed with firearms, explosives or explosive materials

shall be punished by a custodial sentence for a term of six up to twenty years or by a life custodial sentence.

3. A person who organises the criminal associations provided for in paragraph 1 or 2 of this Article or is the leader thereof

shall be punished by a custodial sentence for a period of ten up to twenty years or by a life custodial sentence.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2491. Establishment and Activities of Groups Having the Aim of Committing Terrorist Crimes

1. A person who establishes an organised group having the aim of committing terrorist crimes or is the leader thereof or participates in the activities of this group

shall be punished by a custodial sentence for a term of up to eight years.

2. A person who participates in the activities of a terrorist group having the aim of committing terrorist crimes

shall be punished by a custodial sentence for a term of five up to fifteen years.

3. A person who participates in the activities of a terrorist group armed with firearms, explosives, explosive, radioactive, biological or chemical harmful substances, preparations or micro-organisms

shall be punished by a custodial sentence for a period of ten up to twenty years or by a life custodial sentence.

4. A person who organises a terrorist group provided for in paragraph 2 or 3 of this Article or is the leader thereof

shall be punished by a custodial sentence for a term of twelve up to twenty years or by a life custodial sentence.

5. A legal entity shall also be held liable for the acts provided for in this Article.


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1. A person who, for terrorist purposes, produces, acquires, keeps, transports, transfers or otherwise has at his disposal a firearm, ammunition, explosives, explosive, nuclear or radioactive materials and other sources of ionizing radiation, also a person who, for terrorist purposes, develops, produces, acquires, keeps, transports, transfers or otherwise has at his disposal chemical or biological weapons or chemical substances or their precursors, micro-organisms and other biological substances or toxins used for the production of chemical or biological weapons

shall be punished by a custodial sentence for a term of up to eight years.

2. A person who, for terrorist purposes, causes a flood or disruption of supply of water, energy or other resources, or causes an explosion of, sets on fire or otherwise destroys or causes damage to property on a large scale, or breach security of an information system or electronic data of considerable importance for state governance, the economy or the financial system, or spreads radioactive, biological or chemical hazardous substances, preparations or micro-organisms, where this causes or could have caused serious consequences, as well as a person who, for terrorist purposes, causes a minor impairment to the health of one or more persons or poses a threat to the life or health of a large number of people

shall be punished by a custodial sentence for a term of up to ten years.

3. A person who, for terrorist purposes, causes a serious impairment to the health of one or more persons

shall be punished by a custodial sentence for a term of three up to fifteen years.

4. A person who kills one or more persons for terrorist purposes

shall be punished by a custodial sentence for a term of eight up to twenty years or by a life custodial sentence.

5. A person who commits an act provided for in paragraph 2, 3 or 4 of this Article, where it is directed against an object of strategic importance


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paragraph 2, 3 or 4 of this Article, where it is directed against an object of strategic importance for national security or causes grave consequences,

shall be punished by a custodial sentence for a period of ten up to twenty years or by a life custodial sentence.

6. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2501. Incitement to Terrorism

1. A person who publicly solicits or instigates to commit terrorist crimes or expresses contempt for victims of such crimes

shall be punished by arrest or by a custodial sentence for a term of up to four years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2502. Recruitment for Terrorism

1. A person who recruits another person to commit a terrorist crime or participate in the commission of the terrorist crime or participate in the activities of a group seeking to commit terrorist crimes

shall be punished by a custodial sentence for a term of up to seven years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2503. Threatening to Commit a Terrorist Crime

1. A person who threatens to commit a terrorist crime, where there is a sufficient basis for believing that the threat may be fulfilled,

shall be punished by a custodial sentence for a term of up to five years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2504. Financing and Support of Terrorist Activities

1. A person who directly or indirectly raises, accumulates or provides funds or other assets or provides other material support to another person, with knowledge or with intent that the assets, support or part thereof would be used to prepare or commit a terrorist crime or a terrorist-related crime or to support one or more terrorists or a group seeking to commit terrorist crimes or the persons or groups recruiting, preparing terrorists or otherwise participating in terrorist activities

shall be punished by a custodial sentence for a term of up to ten years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2505. Terrorist Training and Learning for Terrorist Purposes

1. A person who provides another person with the special knowledge or skills necessary to prepare, commit a terrorist crime or participate in the commission of a terrorist crime, while being aware that the person intends to use the knowledge or skills thus provided for terrorist purposes, as well as a person who, with the aim of using the acquired knowledge or skills for terrorist purposes, systematically collects special knowledge or acquires special skills necessary to prepare, commit the terrorist crime or to participate in the commission of the terrorist crime

shall be punished by a custodial sentence for a term of up to seven years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2506. Travel for terrorist purposes

1. A person who enters the Republic of Lithuania or travels to another state for the purpose of preparing or committing a terrorist crime or participating in the commission of a terrorist crime or participating in the activities of a group having the aim of committing terrorist crimes or training terrorists or studying for terrorist purposes

shall be punished by a custodial sentence for a term of up to five years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 251. Hijacking an Aircraft, Vessel or Another Public or Freight  Vehicle or Fixed Platform on the Continental Shelf

1. A person who hijacks an aircraft, vessel or fixed platform on the continental shelf

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who hijacks an aircraft, ship or fixed platform on the continental shelf by using physical violence or threatening the use of violence

shall be punished by a custodial sentence for a term of three up to eight years.

3. A person who hijacks an aircraft, vessel or another public or freight vehicle or fixed platform on a continental shelf by using a firearm, explosive or another means posing a threat to the life or health of the crew or passengers of the aircraft, vessel or another public or freight vehicle or the persons present on the fixed platform on the continental shelf

shall be punished by a custodial sentence for a term of five up to ten years.

4. A person who commits an act provided for in paragraph 1, 2 or 3 of this Article for terrorist purposes

shall be punished by a custodial sentence for a term of five up to fifteen years.

5. A person who commits an act provided for paragraph 1, 2, 3 or 4 of this Article, where this results in an accident, breakdown or causes other grave consequences,

shall be punished by a custodial sentence for a period of ten up to twenty years or by a life custodial sentence.

6. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2511. Piracy

1. A crew member or a passenger of a civilian vessel or aircraft who, seeking material or another personal gain, at sea or in another territory excluded from the jurisdiction of any state unlawfully detains another vessel or aircraft, a person, a group of persons or property other than his own on board the vessel or aircraft or uses against the person or group of persons other physical or mental coercion

shall be punished by a custodial sentence for a term of four up to eight years.

2. A crew member of a vessel of war, a state vessel or aircraft who causes a mutiny resulting in the takeover of control of the vessel or aircraft or participates in the mutiny and commits an act provided for in paragraph 1 of this Article or a person who commits the act provided for in paragraph 1 of this Article using a firearm, explosive or another tool or means posing a threat to human life or health

shall be punished by a custodial sentence for a term of six up to ten years.

3. A person who commits the acts indicated in paragraph 1 or 2 of this Article, where this causes grave consequences,

shall be punished by a custodial sentence for a period of ten up to twenty years or by a life custodial sentence.

4. A person who uses a vessel or aircraft while being aware that it has been used for the commission of the acts referred to in paragraph 1, 2 or 3 of this Article, and the vessel or aircraft is controlled by the persons who have committed these acts

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

5. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 252. Hostage Taking

1. A person who kidnaps or holds hostage a person and demands that an international public organisation, the State or an institution thereof perform or abstain from performing an action, also a person who threatens the immediate killing or causing bodily harm to the person held hostage unless he is provided conditions to avoid detention,

shall be punished by a custodial sentence for a term of three up to ten years.

2. A person who commits the act provided for in paragraph 1 of this Article, where he kidnaps or holds hostage two or more persons,

shall be punished by a custodial sentence for a term of five up to fifteen years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2521. Interpretation of Concepts

1. A crime referred to in Article 250 of this Code and the crimes referred to in Articles 251 and 252 of this Code, if committed for terrorist purposes, shall be deemed terrorist crimes.

2. Crimes related to terrorist activities shall be the crimes referred to in Articles 2491, 2501, 2502, 2503, 2504 and 2506 of this Code, also the crimes referred to in Articles 178, 180, 181 and 300 of this Code, where they are committed with the aim of obtaining funds, tools or means for the commission of terrorist crimes or supporting the activities of a group whose purpose is to commit the terrorist crimes.

3. Terrorist purposes shall be an intention to intimidate the public or a part thereof or unduly compel an international public organisation, the State or an institution thereof to perform or abstain from performing an action, or destabilise or destroy the fundamental constitutional, political, economic or social structures of the State or the international public organisation.


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CHAPTER XXXVI

CRIMES AND MISDEMEANOURS RELATING TO POSSESSION OF WEAPONS, AMMUNITION, EXPLOSIVES, EXPLOSIVE OR RADIOACTIVE MATERIALS

OR MILITARY EQUIPMENT

 

Article 253. Unlawful Possession of Firearms, Ammunition, Explosives or Explosive Materials

1. A person who, without an authorisation, acquires, stores, carries, transports or handles a firearm, ammunition, explosives or explosive materials

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who, without an authorisation, produces, acquires, stores, carries, transports or handles at least three firearms, the ammunition, explosives or explosive materials of a large explosive power or in a large quantity

shall be punished by a custodial sentence for a term of four up to eight years.

 

Article 2531. Unlawful Intermediation in the Transfer of Military Equipment

1. A person who, without an authorisation, acts as an intermediary in transferring military equipment to a state non-Member State of the European Union

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to three years.

2. A legal entity shall also be held liable for an act provided for in this Article.


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Article 254. Seizure of a Firearm, Ammunition, Explosives or Explosive Materials

1. A person who seizes a firearm, ammunition, explosives or explosive materials

shall be punished by arrest or by a custodial sentence for a term of up to seven years.

2. A person who, by using physical or mental violence, seizes a firearm, ammunition, explosives or explosive materials or, in any manner, seizes more than two firearms, the ammunition, explosives or explosive materials of a large explosive power or in a large quantity

shall be punished by a custodial sentence for a term of six up to ten years.

 

Article 255. Infringement of Regulations Governing the Storage of a Firearm, Ammunition, Explosives or Explosive Materials

1. A person who infringes regulations governing the storage of a lawfully held firearm, ammunition, explosives or explosive materials and thereby provides conditions for another person to make unlawful use thereof shall be considered to have committed a misdemeanour and

shall be punished by a fine or by restriction of liberty or by arrest.

2. A person shall be held liable under this Article only where the acts provided for are committed through negligence.

3. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 256. Unlawful Possession of Nuclear or Radioactive Materials or Other Sources of Ionising Radiation

1. A person who seizes or otherwise unlawfully acquires, produces, imports, exports, transports, stores, keeps, processes, uses, disarranges, disposes or otherwise unlawfully manages the nuclear or radioactive materials or other sources of ionising radiation of any form and in any physical condition

shall be punished by arrest or by a custodial sentence for a term of up to four years.

2. A person who commits the acts indicated in paragraph 1 of this Article, where this causes serious consequences,

shall be punished by a custodial sentence for a term of two up to ten years.

3. The acts provided for in paragraphs 1 and 2 of this Article shall be criminal also where they are committed through negligence.

4. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2561. Threat to Use or Otherwise Influence or Unlawfully Acquire Nuclear or Radioactive Materials or Other Sources of Ionising Radiation

1. A person who threatens to use or otherwise influence the nuclear or radioactive materials or other sources of ionising radiation of any form and in any physical condition so that they pose a threat to human life, health or the environment or threatens to seize or otherwise unlawfully acquire these sources

shall be punished by arrest or by a custodial sentence for a term of up to four years.

2. A legal entity shall also be held liable for an act provided for in this Article.


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Article 257. Infringement of Regulations Governing Lawful Possession of Nuclear or Radioactive Materials or Other Sources of Ionising Radiation

1. A person who infringes regulations governing the storage, use and transportation of the nuclear or radioactive materials or other sources of ionising radiation of any form and in any physical condition, where this could have caused serious consequences,

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to three years.

2. A legal entity shall also be held liable for an act provided for in this Article.

3. The act provided for in this Article shall be considered as criminal also where it has been committed through negligence.

 

Article 2571. Production of Installations for the Production of Explosive Materials, Explosives or Radioactive Materials or Development or Distribution of Production Technologies or Specifications Thereof

1. A person who unlawfully produces, stores, transports, transfers or handles machinery or other installations directly intended or adapted for the production of explosive materials, explosives or radioactive materials or unlawfully develops or distributes technologies or specifications of the production of explosive materials, explosives or radioactive materials

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 258. Unlawful Possession of a Non-Firearm

1. A person who unlawfully produces for the purpose of handling or handles a non-firearm or another device adapted for causing bodily harm to people

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to one year.

2. A person who unlawfully acquires or carries a non-firearm or another device adapted for causing bodily harm to people shall be considered to have committed a misdemeanour and

shall be punished by a fine or by arrest.

 

CHAPTER XXXVII

CRIMES AND MISDEMEANOURS RELATING TO POSSESSION OF NARCOTIC OR PSYCHOTROPIC, TOXIC OR HIGHLY ACTIVE SUBSTANCES


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Article 259. Unlawful Possession of Narcotic or Psychotropic Substances for the Purpose Other than Distribution

1. A person who unlawfully produces, processes, acquires, stores, transports or forwards narcotic or psychotropic substances for the purpose other than selling or otherwise distributing them

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A person who unlawfully produces, processes, acquires, stores, transports or forwards a small quantity of narcotic or psychotropic substances for the purpose other than selling or otherwise distributing them shall be considered to have committed a misdemeanour and

shall be punished by community service or by restriction of liberty or by a fine or by arrest.

3. A person who voluntarily applies to a health care establishment for medical aid or addresses a state institution in order to submit the narcotic or psychotropic substances which have been unlawfully produced, acquired, stored for the purpose other than distribution shall be released from criminal liability for the production, acquisition and storage of the consumed or submitted narcotic or psychotropic substances.


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Article 260. Unlawful Possession of Narcotic or Psychotropic Substances for the Purpose of Distribution Thereof or Unlawful Possession of a Large Quantity of Narcotic or Psychotropic Substances

1. A person who unlawfully produces, processes, acquires, stores, transports or forwards narcotic or psychotropic substances for the purpose of selling or otherwise distributing them or sells or otherwise distributes narcotic or psychotropic substances

shall be punished by a custodial sentence for a term of two up to eight years.

2. A person who unlawfully produces, processes, acquires, stores, transports or forwards a large quantity of narcotic or psychotropic substances for the purpose of selling or otherwise distributing them or sells or otherwise distributes a large quantity of narcotic or psychotropic substances

shall be punished by a custodial sentence for a term of eight up to ten years.

3. A person who unlawfully produces, processes, acquires, stores, transports, forwards, sells or otherwise distributes a very large quantity of narcotic or psychotropic substances

shall be punished by a custodial sentence for a term of ten up to fifteen years.

4. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 261. Distribution of Narcotic or Psychotropic Substances among Minors

A person who distributes narcotic or psychotropic substances among minors

shall be punished by a custodial sentence for a term of three up to twelve years.


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Article 262. Production of Installations for the Production of Narcotic or Psychotropic Substances or Development of Technologies or Specifications for the Production of Narcotic or Psychotropic Substances

A person who unlawfully produces, stores, transports or handles machinery or other installations for the production of narcotic or psychotropic substances or unlawfully develops or distributes technologies or specifications for the production of narcotic or psychotropic substances

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

 

Article 263. Theft, Extortion of Narcotic or Psychotropic Substances or Other Unlawful Taking Possession

1. A person who steals, takes possession of by deceit (fraud) or misappropriates the narcotic or psychotropic substances entrusted to him or held at his disposal

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who extorts or seizes narcotic or psychotropic substances through the use of physical or mental violence

shall be punished by a custodial sentence for a term of three up to ten years.

3. A person who, by carrying out the actions indicated in paragraph 1 or 2 of this Article, takes possession of a large quantity of narcotic or psychotropic substances or takes possession of narcotic or psychotropic substances by participating in an organised group

shall be punished by a custodial sentence for a term of five up to fifteen years.


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Article 264. Inducing the Use of Narcotic or Psychotropic Substances

1. A person who assists a person in the acquisition of, forces, induces or otherwise habituates a person to the use of narcotic or psychotropic substances for purposes other than medical treatment

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who assists a minor in the acquisition of, forces, induces or otherwise habituates him to the use of narcotic or psychotropic substances for purposes other than medical treatment

shall be punished by a custodial sentence for a term of three up to ten years.

 

Article 265. Illegal Cultivation of Poppies or Hemp

1. A person who, in violation of the established procedure, grows a large quantity of poppies, hemp or other plants listed as narcotic or psychotropic substances

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to five years.

2. A legal entity shall also be held liable for an act provided for in this Article.


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Article 266. Unlawful Possession of Category I Precursors of Narcotic or Psychotropic Substances

1. A person who unlawfully produces, acquires, stores, transports, forwards or sells or otherwise handles Category I precursors of narcotic or psychotropic substances

shall be punished by a fine or by a custodial sentence for a term of up to three years.

2. A person who unlawfully produces, acquires, stores, transports, forwards or sells or otherwise handles a large quantity of Category I precursors of narcotic or psychotropic substances

shall be punished by a custodial sentence for a term of three up to six years.

3. A person who unlawfully produces, acquires, stores, transports, forwards or sells or otherwise handles a very large quantity of Category I precursors of narcotic or psychotropic substances

shall be punished by a custodial sentence for a term of six up to ten years.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 267. Unlawful Possession of Highly Active or Toxic Substances

1. A person who unlawfully produces, acquires, stores, transports, handles highly active or toxic substances

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to three years.

2. A person who unlawfully produces, acquires, stores, transports or handles toxic chemical substances used as chemical weapons, chemical substances or precursors thereof for the production of chemical weapons or for other purposes prohibited by the Law on the Prohibition of Chemical Weapons

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2671. Creation or Unlawful Possession of Biological Weapons

1. A person who unlawfully creates, produces, acquires, stores, transports, sells or otherwise conveys biological weapons or the micro organisms or other biological substances or toxins used for production thereof

shall be punished by a fine or a custodial sentence for a term of up to seven years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 268. Infringement of Regulations Governing Lawful Possession of Psychotropic, Highly Active or Toxic Substances

1. A person who violates the regulations governing the production, storage, accounting, issuance, transportation or forwarding of narcotic, psychotropic, highly active or toxic substances, where this results in the seizure of these substances or their becoming an object of illegal trade otherwise,

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

3. A person shall be held liable under this Article only where the acts provided for are committed through negligence.

 

Article 269. Interpretation of Concepts

1. The narcotic and psychotropic substances indicated in this Chapter shall be the substances entered in the lists of narcotic and psychotropic substances approved by the Ministry of Health of the Republic of Lithuania.

2. The quantity of narcotic or psychotropic substances to be considered as small, large and very large shall be determined on the basis of the recommendations approved by the Ministry of Health of the Republic of Lithuania.

3. The quantity of Category I of precursors of narcotic and psychotropic substances to be regarded as large and very large shall be determined in compliance with recommendations approved by a body authorised by the Government of the Republic of Lithuania and responsible for licensing of activities related to Category I precursors of narcotic and psychotropic substances.

 

CHAPTER XXXVIII

CRIMES AND MISDEMEANOURS
AGAINST THE ENVIRONMENT AND HUMAN HEALTH


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Article 270. Infringement of Regulations Governing the Protection of the Environment or Use of Natural Resources or the Maintenance or Operation of Structures wherein Hazardous Substances are Used or Stored or wherein Potentially Hazardous Installations are Kept or Potentially Dangerous Works are Performed

1. A person who infringes regulations,as stipulated by legal acts, for the protection of the environment or use of natural resources or the maintenance or operation of structures wherein hazardous substances are used or stored or wherein potentially hazardous installations are kept or potentially dangerous works are performed, where this poses a hazard to human life or health or could incur major damage to air, soil, water, fauna or flora or causes other serious consequences for the environment,

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to three years.

2. A person who commits the act referred to in paragraph 1 of this Article or systematically infringes regulations,as stipulated by legal acts, for the protection of the environment or use of natural resources or the maintenance or operation of structures wherein hazardous substances are used or stored or wherein potentially hazardous installations are kept or potentially dangerous works are performed, where this incurs major damage to air, soil, water, fauna or flora or causes other serious consequences for the environment,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to six years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

4. The acts provided for in paragraph 1 of this Article shall be criminal also where they are committed through negligence.


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Article 2701. Unlawful Possession of Ozone-Depleting Substances and Mixtures Thereof

1. A person who unlawfully produces, imports, exports, uses or places on the market ozone-depleting substances or mixtures thereof

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two year.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2702. Unlawful Transportation of Waste across the State Border

1. A person who, without an authorisation or by otherwise violating provisions of legal acts, transports across the state border of the Republic of Lithuania fifty or more tons of non-hazardous waste intended for handling or disposal

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to one year.

2. A person who, without an authorisation or by otherwise violating provisions of legal acts, transports across the state border of the Republic of Lithuania fifty or more tons of hazardous waste intended for handling or disposal

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

3. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2703. Marine Pollution from Ships

1. A person who, in violation of the regulations contained in Annexes I and II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), discharges polluting substances from ships in the high seas or any other area beyond the jurisdiction of any state, the exclusive economic zone of the Republic of Lithuania and other European Union Member States, the territorial sea, the straits used for international navigation, to the extent that these Member States exercise jurisdiction over such straits, and the internal waters, including ports, where it results in deterioration in the quality of water,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. The act provided for in paragraph 1 of this Article shall be criminal also where it is committed through negligence.

3. A legal entity shall also be held liable for an act provided for in this Article.

 

Article 271. Destruction or Devastation of Protected Areas or Objects of Natural Heritage

1. A person who destroys or devastates a state park, strict reserve, reserve or another natural area protected by the State, a protected natural or species habitat located therein or a territorial complex of natural heritage for the protection whereof this area has been established, or an object of natural heritage

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to five years.

2. The acts provided for in paragraph 1 of this Article shall be criminal also where they are committed through negligence.

3. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2711. Infringement of Provisions of Legal Acts Regulating Construction

1. A person who engages in unauthorised construction or otherwise infringes the provisions of legal acts regulating construction, where this results in an accident related to a construction works and a person’s death or a severe impairment to the person’s health, or incurs extensive damage to the environment or massive property damage to a person,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to six years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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1. A person who undertakes hunting or fishing during a prohibited period, in prohibited places or in a prohibited manner, by prohibited tools, means or otherwise unlawfully uses or destroys wild fauna resources and causes major damage to the fauna, also a person who undertakes fishing using electric or ultrasonic fishing gear

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A person who unlawfully destroys, injures or takes from the natural environment the wild fauna of strictly protected species, acquires, stores, transports, handles or uses for commercial purposes the wild fauna of strictly protected species, parts thereof or the products made thereof, where this act does not cause major damage to the species conservation status of the wild fauna of strictly protected species and such act is associated with a small amount of the wild fauna of strictly protected species,

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to three years.

3. A person who unlawfully destroys, injures, takes from the natural environment, catches or otherwise acquires, stores, processes, transports, handles or otherwise uses a large amount of the wild fauna of protected species, parts thereof or the products made thereof or causes by this act major damage to the species conservation status of the wild fauna of protected species or commits this act for commercial purposes

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

4. A person who unlawfully produces, acquires, stores, transports or handles electric or ultrasonic fishing devices shall be considered to have committed a misdemeanour and

shall be punished by a fine or by restriction of liberty or by arrest.

5. A legal entity shall also be held liable for the acts provided for in


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arrest.

5. A legal entity shall also be held liable for the acts provided for in this Article.

6. The acts provided for in paragraphs 1, 2 and 3 of this Article shall be considered as criminal also where they have been committed through negligence.


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Article 273. Unauthorised Forest Logging or Destruction of Marshes

1. A person who, without an authorisation, fells, destroys or damages a wooded land area of over 500 solid cubic metres of trees or drains a marsh

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 274. Unlawful Picking, Destruction, Handling or Other Possession of Protected Wild Flora, Fungi or Parts Thereof

1. A person who unlawfully destroys, injures, takes from the natural environment or otherwise picks or acquires, stores, processes, transports, handles or otherwise uses a large amount of the wild flora, fungi of protected species, parts thereof or the products made thereof or causes by this act major damage to the species conservation status of the wild flora or fungi of protected species or commits this act for commercial purposes

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who unlawfully destroys, injures, takes from the natural environment or otherwise picks the wild flora, fungi of strictly protected species, acquires, stores, transports, handles or uses for commercial purposes the wild flora, fungi of strictly protected species, parts thereof or the products made thereof, where this act does not cause major damage to the species conservation status of the wild flora or fungi of strictly protected species and such an act is associated with a small amount of the wild flora or fungi of strictly protected species, shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine.

3. A legal entity shall also be held liable for the acts provided for in this Article.

4. The acts provided for in paragraphs 1 and 2 of this Article shall be criminal also where they are committed through negligence.


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Article 275. Unauthorised Pharmaceutical Activities

1. A person who, without an authorisation, manufactures medicines or medicinal substances for the purpose of handling them, where the use thereof could have posed a threat to human health or life, also a person who handles these pharmaceutical products

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A person who, without an authorisation, manufactures medicines or medicinal substances for the purpose of handling them, also a person who handles these pharmaceutical products, where the use thereof results in a person’s death or a serious impairment to a person’s health

shall be punished by a custodial sentence for a term of up to eight years.

3. The acts provided for in paragraph 1 of this Article shall be criminal also where they are committed through negligence.

4. A person shall be held liable under paragraph 2 of this Article only where the acts provided for are committed through negligence.

5. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 276. Production of or Trading in the Products Harmful to Human Health or Life

1. A person who produces, for the purpose of handling, food products of a substance evidently inappropriate for and harmful to human health or life or containing harmful additives, also a person who sells or otherwise handles such products

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A person who produced, for the purpose of handling, food products of a substance evidently inappropriate for and harmful to human health or life or containing harmful additives, also a person who sells or otherwise handles such products, where consumption thereof results in a person’s death or a serious impairment to a person’s health,

shall be punished by a custodial sentence for a term of up to eight years.

3. The act provided for in paragraph 1 of this Article shall be criminal also where it is committed through negligence.

4. A person shall be held liable under paragraph 2 of this Article only where the acts provided for are committed through negligence.

5. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 2761. Unlawful Possession of the Substances Indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances for the Purpose of Distribution Thereof

1. A person who unlawfully produces, processes, acquires, stores, transports or forwards the substances indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances for the purpose of selling or otherwise distributing them or who sells or otherwise distributes them

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2762. Distribution among Minors of the Substances Indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances

A person who distributes among minors, for purposes other than medical treatment, the substances indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

 

Article 2763. Inducing the Use of the Substances Indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances

A person who assists a person in the acquisition of, forces, induces or otherwise habituates a person to the use, for purposes other than medical treatment, of the substances indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.


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Article 277. Violation of the Regulations Governing Control of Epidemics or Contagious Diseases

1. A person who violates requirements of the legal acts regulating health care or the regulations of control of contagious disease prevention, where this results in the spread of a disease or causes an epidemic,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who, having been informed by a medical establishment about his illness and warned of the protective measures which he must observe while communicating with people, exposes another person to the danger of becoming infected with a dangerous infectious disease shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

3. A person shall be held liable under this Article only where the acts provided for are committed through negligence.

4. A legal entity shall also be held liable for an act provided for in paragraph 1 of this Article.


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Article 2771. Interpretation of Concepts

The wild fauna, flora and fungi of strictly protected species shall be as follows:

1) the wild fauna, flora and fungi of protected species listed among the fauna, flora and fungi species protected by the Republic of Lithuania and attributed to the categories of 0(Ex), 1(E) and 2(V);

2) the wild fauna and flora of the species listed in Annexes A and B of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein;

3) the wild fauna and flora of the protected species listed in Annex IV of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

4) the wild birds referred to in Annex I of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and in Article 4(2) of this Directive.

 

CHAPTER XXXIX

CRIMES AND MISDEMEANOURS
AGAINST TRAFFIC SAFETY


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Article 278. Improper Maintenance or Repair of Vehicles or Roads and the Facilities Located Thereon

1. A person who inappropriately performs the maintenance or repairs of railway vehicles, water- or air-borne vehicles or roads, the alarm or communications facilities located on the roads, a gas pipeline, oil pipeline, power or communications lines, where this causes serious bodily harm to a person or incurs major property damage,

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who commits the act provided for in paragraph 1 of this Article, where this results in a person's death or causes serious bodily harm to persons or incurs massive property damage,

shall be punished by a custodial sentence for a term of three up to eight years.

3. A person who commits the act provided for in paragraph 1 of this Article, where this does not result in serious consequences, but there exists a real risk thereof, shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

4. A person shall be held liable under paragraphs 1 and 2 of this Article only where the acts provided for are committed through negligence.

5. The act provided for in paragraph 3 of this Article shall be criminal also where it is committed through negligence.

 

Article 279. Violation of International Flight Regulations

A member of the crew of an aircraft or another facility designed for flying who violates the international flight regulations by flying into the Republic of Lithuania or flying out of the Republic of Lithuania

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.


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Article 280. Damage to Vehicles or Roads and the Facilities Located Thereon

1. A person who dismantles or damages a vehicle or a road, a gas pipeline, oil pipeline, power or communications line, a facility, communications or alarm equipment located therein, where this was likely to result in serious consequences,

shall be punished by arrest or by a custodial sentence for a term of up to three years.

2. A person who carries out the actions indicated in paragraph 1 of this Article, where this results in a person’s death or causes a serious bodily harm to a person or incurs major property damage,

shall be punished by a custodial sentence for a term of up to ten years.

3. The acts provided for in paragraph 1 of this Article shall be criminal also where they are committed through negligence.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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1. A person who, while driving a road vehicle, violates regulations governing road traffic safety or operation of vehicles, where this results in an accident causing a non-severe impairment to another person’s health,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A person who drives a road vehicle under the influence of alcohol, narcotic, psychotropic or other psychoactive substances and violates regulations governing road traffic safety or operation of vehicles, where this results in an accident causing a non-severe impairment to another person’s health or the victim suffers major property damage,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

3. A person who, while driving a road vehicle, violates regulations governing road traffic safety or operation of vehicles, where this results in an accident causing a severe impairment to another person’s health,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

4. A person who commits the act indicated in paragraph 3 of this Article under the influence of alcohol, narcotic, psychotropic or other psychoactive substances

shall be punished by a custodial sentence for a term of up to six years.

5. A person who, while driving a road vehicle, violates regulations governing road traffic safety or operation of vehicles, where this results in an accident causing a person’s death,

shall be punished by a custodial sentence for a term of up to eight years.

6. A person who commits the act indicated in paragraph 5 of this Article under the influence of alcohol, narcotic, psychotropic or other psychoactive substances

shall be punished by a custodial sentence for a term of three up to ten years.

7. A person


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a custodial sentence for a term of three up to ten years.

7. A person who drives a road vehicle or teaches practical driving under the influence of alcohol, where the his blood alcohol level exceeds 1.5 promille,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to one year.

8. A person shall be held liable under paragraphs 1-6 of this Article only where the acts provided for are committed through negligence.

9. It shall be considered that the person who has committed the act referred to in paragraph 2, 4 or 6 of this Article is under the influence of alcohol when his blood alcohol level is equal to or exceeds 0.41 promille or when he seeks to avoid a sobriety test or consumes alcohol after an accident until the establishment of the circumstances thereof.


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10. The road vehicles indicated in this Article shall be automobiles of all types, tractors, other self-propelled vehicles, trolleybuses, motorbikes and other mechanical vehicles.


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Article 282. Violation of the Regulations Governing Traffic Order or Safety

1. A person who, while not driving a vehicle, violates the regulations governing traffic order or safety, where this results in a person’s death or a severe impairment to a person’s health,

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person shall be held liable under this Article only where the acts provided for are committed through negligence.

 

CHAPTER XL

CRIMES AND MISDEMEANOURS AGAINST PUBLIC ORDER

 

Article 283. Riots

1. A person who organises or provokes a group of people to engage in public violence, destruction of property or other grave violations of public order, also a person who, during the riots, uses violence, destroys property or otherwise gravely violates public order

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who, when carrying out the actions provided for in paragraph 1 of this article, uses a firearm or explosives or resists a police officer or another person performing the functions of public administration

shall be punished by a custodial sentence for a term of up to six years.

 

Article 284. Violation of Public Order

A person who, by defiant conduct, threats, vicious taunting or acts of vandalism, demonstrates disrespect to the surrounding people or the environment in a public place and thereby disrupts public peace or order

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two year.


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Article 285. False Report about a Danger Threatening the Community or Occurred Disaster

1. A person who falsely reports or spreads the news about a danger threatening the community or a facility of national importance conforming to the characteristics specified in the Law on Civil Protection or about a major disaster, where this results in the summoning of emergency services,

shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to one year.

2. A person who falsely reports or spreads the news about a danger threatening the community or a facility of national importance conforming to the characteristics specified in the Law on Civil Protection or about a major disaster, where this causes public confusion or disturbs the functioning of the facility of national importance,

shall be punished by a fine or by restriction of liberty or by a custodial sentence for a term of up to two years.

3. A person who falsely reports or spreads the news about a danger threatening the community or a facility of national importance conforming to the characteristics specified in the Law on Civil Protection or about a major disaster, where this incurs major property damage,

shall be punished by a fine or by a custodial sentence for a term of up to three years.

 

CHAPTER XLI

CRIMES AND MISDEMEANOURS AGAINST THE ACTIVITIES OF A CIVIL SERVANT OR A PERSON PERFORMING THE FUNCTIONS OF PUBLIC ADMINISTRATION


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Article 286. Resistance against a Civil Servant or a Person Performing the Functions of Public Administration

A person who, through the use of physical violence or threatening the immediate use thereof, resists a civil servant or another person performing the functions of public administration

shall be punished by community service or by a fine or by a custodial service for a term of up to three years.

 

Article 287. Threatening a Civil Servant or a Person Performing the Functions of Public Administration

1. A person who, by using mental coercion, demands that a civil servant or a person performing the functions of public administration carry out actions or refrain therefrom for the benefit of the offender or other persons

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A person who commits the act provided for in paragraph 1 of this Article through the use of physical violence

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to five years.

 

Article 288. Interference with the Activities of a Civil Servant or a Person Performing the Functions of Public Administration

A civil servant, public figure, representative of a political or public organisation who, by taking advantage of his influence, interferes with the activities of a civil servant or a person performing the functions of public administration seeking to force him to refrain from lawful actions or carry out unlawful actions for own benefit or for the benefit of other persons

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to two years.


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Article 289. Adoption of the Name of a Civil Servant or a Person Performing the Functions of Public Administration

A person who, upon adopting the name of a civil servant or a person performing the functions of public administration, carries out unlawful actions

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

 

Article 290.

Repealed as of 1 April 2016.

 

CHAPTER XLII

CRIMES AND MISDEMEANOURS AGAINST GOVERNMENT ORDER

 

Article 291. Illegal Crossing of the State Border

1. A person who illegally crosses the state border of the Republic of Lithuania

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. An alien  who unlawfully enters the Republic of Lithuania seeking to exercise the right of asylum shall be released from criminal liability under paragraph 1 of this Article.

3. An alien who commits the act provided for in paragraph 1 of this Article with the intent of illegally crossing into a third state from the Republic of Lithuania shall be released from criminal liability according to paragraph 1 of this Article where he is, in accordance with the established procedure, subject to deportation back to the state from the territory whereof he illegally crosses the state border of the Republic of Lithuania or to the state whose citizen he is.


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Article 292. Unlawful Transportation of Persons across the State Border

1. A person who unlawfully transports across the state border of the Republic of Lithuania an alien not having a permanent place of residence in the Republic of Lithuania or transports or conceals in the territory of the Republic of Lithuania such an alien who has illegally crossed the state border of the Republic of Lithuania

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to six years.

2. A person who commits the acts provided for in paragraph 1 of this Article for mercenary reasons or where this poses a threat to human life,

shall be punished by a custodial sentence for a term of up to eight years.

A person who organises the acts provided for in paragraph 1 of this Article

shall be punished by a custodial sentence for a term of four up to ten years.

4. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 2921. Employment of Third-Country Nationals Illegally Staying in the Republic of Lithuania

1. The employer or a person authorised by him who, for business purposes, employs third-country nationals illegally staying in the Republic of Lithuania or who employs five or more third-country nationals illegally staying in the Republic of Lithuania or who employs a third-country national illegally staying in the Republic of Lithuania in the cases of particularly exploitative employment conditions or who employs a third-country minor illegally staying in the Republic of Lithuania

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 293. Organisation of Travels of Citizens of the Republic of Lithuania Abroad for the Purpose of Staying There Illegally or Abandoning Them without Assistance

1. A person who organises the travels of citizens or permanent residents of the Republic of Lithuania abroad for the purposes of applying for asylum or undertaking illegal employment or staying abroad illegally for other reasons or by making a false promise of a legal status abroad

shall be punished by arrest or by a custodial sentence for a term of up to seven years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 294. Self-Willed Conduct

1. A person who, by disregarding the procedure established by the law, wilfully exercises an existing or alleged right of his own or another person which is disputed or recognised, though not exercised yet, and incurs major damage to the person’s rights or legitimate interests

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who acts wilfully by using physical or mental coercion against the victim or a person close thereto

shall be punished by arrest or by a custodial sentence for a term of up to five years.

3. A person shall be held liable for an act provided for in paragraph 1 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request.


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Article 295. Unlawful Installation of Special Equipment or Use Thereof for the Collection of Information

A person who unlawfully installs or uses special equipment for the purpose of spying on a person, collecting information about a state or municipal institution, agency or an employee thereof, a political party, public organisation or a member thereof, another legal or natural person

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to four years.

 

Article 296. Seizure or Other Unlawful Acquisition of an Official Secret

A person who seizes, purchases or otherwise unlawfully acquires a material item whose content or information thereon constitutes an official secret or transfers the item or information thus acquired to a third party, in the absence of characteristics of espionage or provision of assistance to a foreign state,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

 

Article 297. Disclosure of an Official Secret

1. A person who discloses the information constituting an official secret which was entrusted to him or which he accessed through his service or work, in the absence of characteristics of espionage or assistance to a foreign state in carrying out activities hostile to the Republic of Lithuania, shall be considered to have committed a misdemeanour and

shall be punished by a fine or by restriction of liberty or by arrest.

2. The act provided for in this Article shall be considered as criminal also where it is committed through negligence.

 

Article 298. Unlawful Change of a Land Boundary Marking

A person who unlawfully removes, transfers, remakes or erects a land boundary marking or a geodesic, geological or geophysical mark shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by arrest.


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Article 299. Failure to Render Assistance to Ships in the Event of a Collision at Sea

A ship’s captain who fails to render assistance to ships colliding at sea, where assistance could have been rendered without exposing the ship, the crew and passengers to a serious danger,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

 

CHAPTER XLIII

CRIMES AND MISDEMEANOURS AGAINST GOVERNMENT ORDER RELATING TO FORGERY OF DOCUMENTS OR MEASURING DEVICES


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Article 300. Forgery of a Document or Possession of a Forged Document

1. A person who produces a false document, forges a genuine document or stores, transports, forwards, uses or handles a document known to be false or a genuine document known to be forged

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who produces a false identity card, passport, driving licence or state social insurance certificate or forges a genuine identity card, passport, driving licence or state social insurance certificate or stores, transports, forwards, uses or handles an identity card, passport, driving licence or state social insurance certificate known to be false or a genuine identity card, passport, driving licence or state social insurance certificate known to be forged

shall be punished by arrest or by a custodial sentence for a term of up to four years.

3. A person who commits the acts provided for in paragraph 1 or 2 of this Article, where this incurs major damage, or produces a large quantity of false identity cards, passports, driving licences or state social insurance certificates or forges a large quantity of genuine identity cards, passports, driving licences or state social insurance certificates or stores, transports, forwards, uses or handles a large quantity of identity cards, passports, driving licences or state social insurance certificates known to be false or genuine identity cards, passports, driving licences or state social insurance certificates known to be forged

shall be punished by a custodial sentence for a term of up to six years.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 301. Forgery of a Seal, Stamp or Form

1. A person who forges a genuine seal, stamp or form or produces a false seal, stamp or special accounting document form of a natural or legal person or uses a seal, stamp or form known to be forged or handles it

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who carries out the actions provided in paragraph 1 of this Article in the form of a business or where these actions interfere with the activities of a natural or legal person or incur major damage to the State or the natural or legal person or who forges or stores a large quantity of counterfeit or forged seals, stamps or special account document forms

shall be punished by arrest or by a custodial sentence for a term of up to five years.

3. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 302. Seizure of a Seal, Stamp or Document or Use of the Seized Seal, Stamp or Document

1. A person who seizes or, without having a legal ground therefor, acquires, stores, transports, forwards, uses or handles a seal, stamp, document or special accounting document form

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to six years.

2. A person who commits the acts provided for in paragraph 1 of this Article in the form of a business or seizes or, without having a legal ground therefor, acquires, stores, transports, forwards, uses or handles a large quantity of seals, stamps or special account document forms of a natural or legal person or where this incurs major damage to the State or the natural or legal person

shall be punished by a custodial sentence for a term of up to six years.

3. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 3021. Production, Storage, Transportation, Forwarding or Handling of Equipment for the Forgery of Seals, Stamps, Documents or Special Accounting Document Forms

1. A person who produces, stores, transports, forwards or handles the equipment, software or other means directly intended or adapted for the production of counterfeit seals, stamps, documents or special accounting document forms or for the forgery of genuine seals, stamps, documents or special accounting document forms

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who commits the acts provided for in paragraph 1 of this Article in the form of a business or where this incurs major damage to the State or a natural or legal person,

shall be punished by a custodial sentence for a term of up to six years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 303. Destruction, Damaging or Concealment of a Seal, Stamp or Document

1. A person who destroys, damages or conceals a seal, stamp, document or special accounting document form of a natural or legal person, where this incurs major damage,

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 304. Provision of False Information for the Purpose of Acquisition of a Document

1. A person who, for the purpose of obtaining a document or an authentication certificate of a forged document, supplies an authority or an employee thereof with false information shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by arrest.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

Article 305. Release and Use of Measuring Devices without Undergoing State Metrological Control or Alteration of Parameters Thereof

1. A person who releases or uses a measuring device subject to state metrological control without an examination, calibration mark or other recording of the results of control or who alters the parameters of the measuring device after it undergoes state metrological control

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

Article 306. Seizure, Forgery or Handling of the Stamp of a Lithuanian State Control Mark or of a Control Mark Provided for in a Treaty to which the Republic of Lithuania is Party or Belonging to a Foreign State or the Use of a Counterfeit Stamp

1. A person who seizes, unlawfully alters, produces, uses or handles the stamp of a Lithuanian state control mark or of a control mark provided for in a treaty to which the Republic of Lithuania is party or belonging to a foreign state

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.


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Article 3061. Forgery, Unlawful Destruction or Alteration of a Number Plate of a Vehicle

1. A person who forges, unlawfully destroys or replaces the number plate of a vehicle

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

Article 3062. Odometer Fraud

1. A person who commits odometer fraud

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

CHAPTER XLIV

CRIMES AND MISDEMEANOURS AGAINST MORALITY

 

Article 307. Gaining Profit from Another Person’s Prostitution

1. A person who gains profit from another person’s prostitution or from procuration for prostitution

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to four years.

2. A person who organises or controls prostitution or transports a person with his consent for prostitution to the Republic of Lithuania or from the Republic of Lithuania

shall be punished by a custodial sentence for a term of up to six years.

3. A person who profits from the prostitution of a minor or organises or controls the prostitution of the minor or otherwise exploits the prostitution of the minor

shall be punished by a custodial sentence for a term of three up to ten years.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 308. Involvement in Prostitution

1. A person who involves a person in prostitution

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to three years.

2. A person who involves in prostitution a person dependent on him financially, subordinate in office or otherwise or involves a person in prostitution by using physical or mental coercion or by deceit

shall be punished by a custodial sentence for a term of two up to seven years.

3. A person who recruits, forces to engage in prostitution or, by any other means, involves in prostitution a minor

shall be punished by a custodial sentence for a term of three up to ten years.

4. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 3081. Prohibited Biomedical Research Involving a Human Being or Human Embryo

1. A person who conducted prohibited biomedical research involving a human being or human embryo

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 309. Possession of Pornographic Material

1. A person who, for the purpose of distribution, produces or acquires pornographic material or distributes such material

shall be punished by community service or by a fine or by restriction of liberty or by a custodial sentence for a term of up to one year.

2. A person who produces, acquires, stores, demonstrates, advertises, offers or distributes pornographic material displaying a child or presenting a person as a child or, by means of information and communications technologies and other means, acquires or provides access to pornographic material displaying a child or presenting a person as a child,

shall be punished by a fine or by a custodial sentence for a term of up to four years.

3. A person who, for the purpose of distribution, produces or acquires or distributes a large quantity of pornographic material displaying a young child

shall be punished by a custodial sentence for a term of up to five years.

4. A person who demonstrates or advertises pornographic material shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

5. A legal entity shall also be held liable for the acts provided for in paragraphs 1, 2 and 3 of this Article.

 

Article 310. Cruel Treatment of Animals

1. A person who treats an animal with cruelty or tortures him, where this results in the death or mutilation of the animal,

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to one year.

2. A legal entity shall also be held liable for an act provided for in this Article.


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CHAPTER XLV

CRIMES AND MISDEMEANOURS AGAINST THE MEMORY OF THE DECEASED

 

Article 311. Desecration of the Remains of the Deceased

1. A person who unlawfully takes the remains of the deceased or a part thereof or ridicules the remains of the deceased or desecrates them

shall be punished by community service or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A person who unlawfully reopens a grave and desecrates the remains of the deceased or ridicules them or takes the articles present there

shall be punished by arrest or by a custodial sentence for a term of up to three years.

 

Article 312. Desecration of a Grave or Another Place of Public Respect

1. A person who destroys or otherwise desecrates a grave or destroys a monument or desecrates another place of public respect

shall be punished by community service or by restriction of liberty or by arrest or by a custodial sentence for a term of up to one year.

2. A person who carries out acts of vandalism in a cemetery or another place of public respect or desecrates a grave or another place of public respect for racist, nationalist or religious reasons

shall be punished by community service or by a fine or by a custodial service for a term of up to three years.


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Article 313. Contempt for the Memory of the Deceased

1. A person who, with the intent of expressing contempt for the deceased or the persons close to him, disturbs the peace of a funeral shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

2. A person who publicly makes false statements about the deceased, which could arouse contempt for or undermine respect to the memory of the deceased, shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

3. A person shall be held liable for the acts provided for in paragraphs 1 and 2 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request.

 

CHAPTER XLVI

CRIMES AND MISDEMEANOURS AGAINST NATIONAL DEFENCE SERVICE

 

Article 314. Evasion of a Draft into Mandatory Military Service

1. A military conscript who evades a draft into mandatory military service by impairing his health, simulating an illness or a health disorder, forging documents or using other means of deception

shall be punished by arrest or by a custodial sentence for a term of up to three years.

2. A military conscript who evades a draft into mandatory military service, in the absence of the characteristics indicated in paragraph 1 of this Article, shall be considered to have committed a misdemeanour and

shall be punished by a fine or by arrest.


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Article 315. Evasion of a Draft into Military Service During Martial Law

A military conscript who evades a draft into military service during martial law shall be punished by a custodial sentence for a term of up to five years.

 

Article 316. Evasion of Military Service

1. A serviceman who evades fulfilling of active military service by impairing his health or by simulating an illness, forging documents or using other means of deception

shall be punished by a custodial sentence for a term of up to three years.

2. A person who commits the act provided for in paragraph 1 of this Article during martial law or while performing a military assignment or where this act causes serious consequences

shall be punished by a custodial sentence for a term of four up to eight years.

 

Article 317. Failure to Execute an Order

1. A serviceman who fails to execute a commander’s order or who refuses to execute it or who otherwise fails to comply with the commander’s order

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A person who commits the act provided for in paragraph 1 of this Article during martial law or while performing a military assignment or where this act causes serious consequences

shall be punished by a custodial sentence for a term of two up to six years.

3. A serviceman who fails to execute a clearly unlawful order of a commander shall not be held criminally liable.


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Article 318. Threats or Violence Against a Commander

1. A serviceman who threatens a commander with violence by reason of his military duties

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A serviceman who uses physical violence against a commander by reason of his military duties

shall be punished by a custodial sentence for a term of up to three years.

3. A serviceman who commits the act provided for in paragraphs 1 and 2 of this Article during martial law or while performing a military assignment or where this act causes serious consequences

shall be punished by a custodial sentence for a term of three up to eight years.

 

Article 319. Violent Actions against a Subordinate

1. A commander who, in performing military duties, uses physical violence against a subordinate serviceman

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A commander who commits the act indicated in paragraph 1 of this Article, where this causes serious consequences,

shall be punished by a custodial sentence for a term of three up to eight years.


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Article 320. Terrorisation of a Serviceman

1. A serviceman who unlawfully demands that another serviceman behave according to his instruction or who humiliates another serviceman by using mental coercion

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A serviceman who humiliates or terrorises another serviceman by using physical violence or a weapon

shall be punished by a custodial sentence for a term of up to five years.

3. A serviceman who commits the act indicated in paragraphs 1 and 2 of this Article, where this causes serious consequences,

shall be punished by a custodial sentence for a term of four up to eight years.

 

Article 321. Unlawful Order and Execution Thereof

A serviceman who issues a clearly unlawful order or forces another serviceman to execute such an order, also a serviceman who executes a clearly unlawful order, where this causes serious consequences,

shall be punished by a custodial sentence for a term of two up to eight years.

 

Article 322. Absence without Leave

1. A serviceman who wilfully leaves his unit or place of service or fails to timely arrive at his unit or place of service without valid reasons, where the absence lasts for a period exceeding three days, but not exceeding ten days,

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A serviceman who commits the act indicated in paragraph 1 of this Article during martial law or while performing a military assignment

shall be punished by a custodial sentence for a term of two up to eight years.


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Article 323. Desertion

1. A serviceman who leaves his unit or place of service for a period exceeding ten days or who fails to arrive at his unit or place of service for this period or, irrespective of the duration of the absence, acts in such a manner with the intent of avoiding military service,

shall be punished by a custodial sentence for a term of up to five years.

2. A serviceman who commits the act indicated in paragraph 1 of this Article during martial law or while performing a military assignment

shall be punished by a custodial sentence for a term of four up to eight years.

 

Article 324. Loss of National Defence Property

A serviceman who, through negligence, loses a weapon, ammunition, explosives, explosive materials, a vehicle or another military equipment entrusted to him for the purposes of service

shall be punished by arrest or by a custodial sentence for a term of up to three years.

 

Article 325. Violation of Guard Duty Rules

A person who violates requirements of the legal acts regulating guard duty during martial law or while performing a military assignment, where this act causes serious consequences,

shall be punished by a custodial sentence for a term of up to five years.

 

Article 326. Violation of State Border Guard Duty Rules

1. A serviceman who violates rules of the guard duty of the Republic of Lithuania state border while performing this duty during martial law, where this causes serious consequences,

shall be punished by a custodial sentence for a term of up to five years.

2. A person shall be held liable under this Article only where the acts provided for are committed through negligence.


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Article 327. Violation of Duty Rules

1. A serviceman who violated requirements of the legal acts regulating duty at a unit (with the exception of guard duty), where this causes serious consequences,

shall be punished by a custodial sentence for a term of up to three years.

2. A person shall be held liable under this Article only where the acts provided for are committed through negligence.

 

Article 328. Abandoning a Sinking Warship

The captain of a warship who abandons it when it is sinking and fails to perform all of his duties

shall be punished by a custodial sentence for a term of up to five years.

 

Article 329. Loss or Dishonouring the Flag of a Military Unit

A serviceman who loses or dishonours the flag of a unit

shall be punished by arrest or by a custodial sentence for a term of up to two years.

 

Article 330. Interpretation of Concepts

1. Serviceman shall mean a citizen of the Republic of Lithuania fulfilling active military service.

2. Military conscript shall mean a citizen of the Republic of Lithuania over 18 years of age who is subject to military conscription.

 

Annex to

the Criminal Code

of the Republic of Lithuania

 

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW


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1. Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ 2004 Special edition, Chapter 15, Volume 03, p. 136).

2. Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ 2004 Special edition, Chapter 19, Volume 01, p. 187).

3. Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ 2004 Special edition, Chapter 19, Volume 04, p. 182).

4. Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (OJ 2004 Special edition, Chapter 15, Volume 06, p. 123).

5. Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ 2004 Special edition, Chapter 19, Volume 04, p. 158).

6. Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ 2004 Special edition, Chapter 19, Volume 06, p. 18).

7. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2004 Special edition, Chapter 19, Volume 06, p. 34).

8. Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings (OJ 2004 Special edition, Chapter 19, Volume 06, p. 52).

9. Council Directive


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2004 Special edition, Chapter 19, Volume 06, p. 52).

9. Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ 2004 Special edition, Chapter 19, Volume 06, p. 64).


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10. Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ 2004 Special edition, Chapter 19, Volume 06, p. 61).

11. Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector(OJ 2004 Special edition, Chapter 19, Volume 06, p. 182).

12. Council framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (OJ 2004 Special edition, Chapter 19, Volume 07, p. 10).

13. Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (OJ 2004 Special edition, Chapter 15, Volume 08, p. 291).

14. Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ 2004 L 335, p. 8).

15. Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (OJ 2005 L 68, p. 49).

16. Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution (OJ 2005 L 255, p. 164).

17. Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ 2005 L 255, p. 11).


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18. Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ 2008 L 220, p. 32).


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19. Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ 2008 L 300, p. 42).

20. Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ 2008 L 238, p. 28).

21. Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27), as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 (OJ 2009 L 81, p.24).

22. Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (OJ 2008, L 328, p. 55-58).

23. Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (OJ 2008 L 330, p. 21).

24. Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ 2009 L 81, p. 24).

25. Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements


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Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements (OJ 2009 L 280, p. 52).

26. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ 2009 L 168, p. 24).

27. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ 2011 L 101, p. 1).

28. Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA  (OJ 2011 L 335, p. 1).

29. Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (OJ 2011 L 338, p. 2).

30. Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ 2013 L 218, p. 8).

31. Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39).

32. Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) (OJ 2014 L 173, p. 179)

33. Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014


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Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ 2014 L 151, p. 1).


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The Constitution of the Republic of Lithuania

 

(Adopted by the citizens of the Republic of Lithuania

in the Referendum of 25 October 1992)

 

 

The Lithuanian Nation

 

– having created the State of Lithuania many centuries ago,

– having based its legal foundations on the Lithuanian Statutes and the Constitutions of the Republic of Lithuania,

– having for centuries staunchly defended its freedom and independence,

– having preserved its spirit, native language, writing, and customs,

– embodying the innate right of the human being and the Nation to live and create freely in the land of their fathers and forefathers—in the independent State of Lithuania,

– fostering national concord in the land of Lithuania,

– striving for an open, just, and harmonious civil society and a State under the rule of law,

by the will of the citizens of the reborn State of Lithuania, adopts and proclaims this

 

Constitution

 

 

 

Chapter I

 

The State of Lithuania

 

 

Article 1

 

The State of Lithuania shall be an independent democratic republic.

 

Article 2

 

The State of Lithuania shall be created by the Nation. Sovereignty shall belong to the Nation.

 

Article 3

 

No one may restrict or limit the sovereignty of the Nation or arrogate to himself the sovereign powers belonging to the entire Nation.

The Nation and each citizen shall have the right to resist anyone who encroaches on the independence, territorial integrity, and constitutional order of the State of Lithuania by force.

 

Article 4


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Article 4

 

The Nation shall execute its supreme sovereign power either directly or through its democratically elected representatives.

 

Article 5

 

In Lithuania, state power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary.

The scope of power shall be limited by the Constitution.

State institutions shall serve the people.

 

Article 6

 

The Constitution shall be an integral and directly applicable act.

Everyone may defend his rights by invoking the Constitution.

 

Article 7

 

Any law or other act that contradicts the Constitution shall be invalid.

Only laws that are published shall be valid.

Ignorance of the law shall exempt no one from liability.

 

Article 8

 

The seizure of state power or state institutions by force shall be considered anti-constitutional actions, which are unlawful and invalid.

 

Article 9

 

The most significant issues concerning the life of the State and the Nation shall be decided by referendum.

In cases established by law, the Seimas shall call a referendum.

A referendum shall also be called if not less than 300,000 citizens with the electoral right so request.

The procedure for calling and conducting referendums shall be established by law.

 

Article 10

 

The territory of the State of Lithuania shall be integral and shall not be divided into any state-like formations.

The boundaries of the State may be altered only by an international treaty of the Republic of Lithuania after it is ratified by 4/5 of all the Members of the Seimas.

 

Article 11


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Article 11

 

The territorial administrative units of the State of Lithuania and their boundaries shall be established by law.

 

Article 12

 

Citizenship of the Republic of Lithuania shall be acquired by birth or on other grounds established by law.

With the exception of individual cases provided for by law, no one may be a citizen of both the Republic of Lithuania and another state at the same time.

The procedure for the acquisition and loss of citizenship shall be established by law.

 

Article 13

 

The State of Lithuania shall protect its citizens abroad.

It shall be prohibited to extradite a citizen of the Republic of Lithuania to another state unless an international treaty of the Republic of Lithuania establishes otherwise.

 

Article 14

 

Lithuanian shall be the state language.

 

Article 15

 

The colours of the flag of the State shall be yellow, green, and red.

The coat of arms of the State shall be a white Vytis on a red field.

The coat of arms and flag of the State, as well as their use, shall be established by law.

 

Article 16

 

The anthem of the State shall be “Tautiška giesmė” by Vincas Kudirka.

 

Article 17

 

The capital of the State of Lithuania shall be the city of Vilnius, the long-standing historical capital of Lithuania.

 

Chapter II

The Human Being and the State

 

Article 18

 

Human rights and freedoms shall be innate.

 

Article 19


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Human rights and freedoms shall be innate.

 

Article 19

 

The right to life of a human being shall be protected by law.

 

Article 20

 

Human liberty shall be inviolable.

No one may be arbitrarily apprehended or detained. No one may be deprived of his liberty otherwise than on the grounds and according to the procedures established by law.

A person apprehended in flagrante delicto must, within 48 hours, be brought before a court for the purpose of deciding, in the presence of this person, on the validity of the apprehension. If the court does not adopt a decision to detain the person, the apprehended person shall be released immediately.

 

Article 21

 

The human person shall be inviolable.

Human dignity shall be protected by law.

It shall be prohibited to torture or injure a human being, degrade his dignity, subject him to cruel treatment, or to establish such punishments.

No one may be subjected to scientific or medical experimentation without his knowledge and free consent.

 

Article 22

 

Private life shall be inviolable.

Personal correspondence, telephone conversations, telegraph messages, and other communications shall be inviolable.

Information concerning the private life of a person may be collected only upon a justified court decision and only according to the law.

The law and courts shall protect everyone from arbitrary or unlawful interference with his private and family life, as well as from encroachment upon his honour and dignity.

 

Article 23

 

Property shall be inviolable.

The rights of ownership shall be protected by law.

Property may be taken only for the needs of society according to the procedure established by law and shall be justly compensated for.

 

Article 24


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Article 24

 

The home of a human being shall be inviolable.

Without the consent of the resident, it shall not be permitted to enter his home otherwise than by a court decision or according to the procedure established by law when this is necessary to guarantee public order, apprehend a criminal, or save the life, health, or property of a human being.

 

Article 25

 

Everyone shall have the right to have his own convictions and freely express them.

No one must be hindered from seeking, receiving, or imparting information and ideas.

The freedom to express convictions, as well as to receive and impart information, may not be limited otherwise than by law when this is necessary to protect human health, honour or dignity, private life, or morals, or to defend the constitutional order.

The freedom to express convictions and to impart information shall be incompatible with criminal actions—incitement to national, racial, religious, or social hatred, incitement to violence or to discrimination, as well as defamation and disinformation.

Citizens shall have the right to receive, according to the procedure established by law, any information held about them by state institutions.

 

Article 26


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Article 26

 

Freedom of thought, conscience, and religion shall not be restricted.

Everyone shall have the right to freely choose any religion or belief and, either alone or with others, in private or in public, to profess his religion, to perform religious ceremonies, as well as to practise and teach his belief.

No one may compel another person or be compelled to choose or profess any religion or belief.

The freedom to profess and spread religion or belief may not be limited otherwise than by law and only when this is necessary to guarantee the security of society, public order, the health or morals of people, or other basic rights or freedoms of the person.

Parents and guardians shall, without restrictions, take care of the religious and moral education of their children and wards according to their own convictions.

 

Article 27

 

Convictions, practised religion, or belief may not serve as a justification for a crime or failure to observe laws.

 

Article 28

 

While implementing his rights and exercising his freedoms, everyone must observe the Constitution and laws of the Republic of Lithuania and must not restrict the rights and freedoms of other people.

 

Article 29

 

All persons shall be equal before the law, courts, and other state institutions and officials.

Human rights may not be restricted; no one may be granted any privileges on the grounds of gender, race, nationality, language, origin, social status, belief, convictions, or views.

 

Article 30

 

A person whose constitutional rights or freedoms are violated shall have the right to apply to a court.

Compensation for material and moral damage inflicted upon a person shall be established by law.

 

Article 31


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Article 31

 

A person shall be presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgment.

A person charged with committing a crime shall have the right to a public and fair hearing of his case by an independent and impartial court.

It shall be prohibited to compel anyone to give evidence against himself, or his family members or close relatives.

Punishment may be imposed or applied only on the grounds established by law.

No one may be punished twice for the same offence.

A person suspected of committing a crime, as well as the accused, shall be guaranteed, from the moment of his apprehension or first interrogation, the right to defence, as well as the right to an advocate.

 

Article 32

 

Citizens may move and choose their place of residence in Lithuania freely and may leave Lithuania freely.

These rights may not be restricted otherwise than by law when this is necessary for the protection of the security of the State or the health of people, or for the administration of justice.

Citizens may not be prohibited from returning to Lithuania.

Everyone who is Lithuanian may settle in Lithuania.

 

Article 33

 

Citizens shall have the right to participate in the governance of their State both directly and through their democratically elected representatives, as well as the right to enter on equal terms the State Service of the Republic of Lithuania.

Citizens shall be guaranteed the right to criticise the work of state institutions or their officials and to appeal against their decisions. Persecution for criticism shall be prohibited.

Citizens shall be guaranteed the right of petition; the procedure for the implementation of this right shall be established by law.

 

Article 34


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Article 34

 

Citizens who, on the day of the election, have reached 18 years of age shall have the electoral right.

The right to stand for election shall be established by the Constitution of the Republic of Lithuania and by the election laws.

Citizens who are declared by a court to be legally incapacitated shall not participate in elections.

 

Article 35

 

Citizens shall be guaranteed the right to freely form societies, political parties, and associations provided that the aims and activities thereof are not contrary to the Constitution and laws.

No one may be compelled to belong to any society, political party, or association.

The founding and activities of political parties and other political and public organisations shall be regulated by law.

 

Article 36

 

Citizens may not be prohibited or hindered from assembling unarmed in peaceful meetings.

This right may not be limited otherwise than by law and only when this is necessary to protect the security of the State or society, public order, the health or morals of people, or the rights or freedoms of other persons.

 

Article 37

 

Citizens belonging to ethnic communities shall have the right to foster their language, culture, and customs.

 

Chapter III

Society and the State

 

Article 38


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Article 38

 

The family shall be the basis of society and the State.

Family, motherhood, fatherhood, and childhood shall be under the protection and care of the State.

Marriage shall be concluded upon the free mutual consent of man and woman.

The State shall register marriages, births, and deaths. The State shall also recognise the church registration of marriages.

In the family, the rights of spouses shall be equal.

The right and duty of parents shall be to bring up their children to be honest people and faithful citizens, and to support them until they reach the age of majority.

The duty of children shall be to respect their parents, to take care of them in their old age, and to preserve their heritage.

 

Article 39

 

The State shall take care of families raising and bringing up children at home, and shall render them support according to the procedure established by law.

The law shall make a provision for working mothers to be granted paid leave before and after childbirth, as well as favourable working conditions and other concessions.

Under-age children shall be protected by law.

 

Article 40

 

State and municipal establishments of teaching and education shall be secular. At the request of parents, they shall provide religious instruction.

Non-state establishments of teaching and education may be founded according to the procedure established by law.

Schools of higher education shall be granted autonomy.

The State shall supervise the activities of establishments of teaching and education.

 

Article 41


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Article 41

 

Education shall be compulsory for persons under the age of 16.

Education at state and municipal schools of general education, vocational schools, and schools of further education shall be free of charge.

Higher education shall be accessible to everyone according to individual abilities. Citizens who are good at their studies shall be guaranteed education at state schools of higher education free of charge.

 

Article 42

 

Culture, science and research, and teaching shall be free.

The State shall support culture and science, and shall take care of the protection of Lithuanian historical, artistic, and other cultural monuments, as well as other culturally valuable objects.

The law shall protect and defend the spiritual and material interests of an author that are related to scientific, technical, cultural, and artistic work.

 

Article 43

 

The State shall recognise the churches and religious organisations that are traditional in Lithuania; other churches and religious organisations shall be recognised provided that they have support in society, and their teaching and practices are not in conflict with the law and public morals.

Churches and religious organisations recognised by the State shall have the rights of a legal person.

Churches and religious organisations shall be free to proclaim their teaching, perform their ceremonies, and have houses of prayer, charity establishments, and schools for the training of priests.

Churches and religious organisations shall conduct their affairs freely according to their canons and statutes.

The status of churches and other religious organisations in the State shall be established by agreement or by law.

The teaching proclaimed by churches and religious organisations, other religious activities, and houses of prayer may not be used for purposes that are in conflict with the Constitution and laws.

There shall be no state religion in Lithuania.

 

Article 44


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Article 44

 

Censorship of mass information shall be prohibited.

The State, political parties, political or public organisations, or other institutions or persons may not monopolise the mass media.

 

Article 45

 

Ethnic communities of citizens shall independently manage the affairs of their ethnic culture, education, charity, and mutual assistance.

Ethnic communities shall be provided support by the State.

 

Chapter IV

The National Economy and Labour

 

Article 46

 

The economy of Lithuania shall be based on the right of private ownership, freedom of individual economic activity, and economic initiative.

The State shall support economic efforts and initiative that are useful to society.

The State shall regulate economic activity so that it serves the general welfare of the Nation.

The law shall prohibit the monopolisation of production and the market, and shall protect freedom of fair competition.

The State shall defend the interests of the consumer.

 

Article 47

 

The subsurface, as well as the internal waters, forests, parks, roads, and historical, archaeological, and cultural objects of state importance, shall belong by right of exclusive ownership to the Republic of Lithuania.

The Republic of Lithuania shall have the exclusive rights to the airspace over its territory, its continental shelf, and the economic zone in the Baltic Sea.

In the Republic of Lithuania, foreign entities may acquire the ownership of land, internal waters, and forests according to a constitutional law.

Plots of land may belong to a foreign state by right of ownership for the establishment of its diplomatic missions and consular posts according to the procedure and conditions established by law.

 

Article 48


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Article 48

 

Everyone may freely choose a job or business, and shall have the right to have proper, safe, and healthy conditions at work, as well as to receive fair pay for work and social security in the event of unemployment.

The work of foreigners in the Republic of Lithuania shall be regulated by law.

Forced labour shall be prohibited.

Military service or alternative service performed instead of military service, as well as work performed by citizens in time of war, natural disaster, epidemics, or other extreme cases, shall not be considered forced labour.

In cases where persons convicted by a court perform work regulated by law, such work shall not be considered forced labour, either.

 

Article 49

 

Every working person shall have the right to rest and leisure, as well as to annual paid leave.

The length of working time shall be established by law.

 

Article 50

 

Trade unions shall be established freely and shall function independently. They shall defend the professional, economic, and social rights and interests of employees.

All trade unions shall have equal rights.

 

Article 51

 

While defending their economic and social interests, employees shall have the right to strike.

Limitations on this right and the conditions and procedure for its implementation shall be established by law.

 

Article 52

 

The State shall guarantee its citizens the right to receive old-age and disability pensions, as well as social assistance in the event of unemployment, sickness, widowhood, the loss of the breadwinner, and in other cases provided for by law.

 

Article 53


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Article 53

 

The State shall take care of the health of people and shall guarantee medical aid and services for a person in the event of sickness. The procedure for providing medical aid to citizens free of charge at state medical establishments shall be established by law.

The State shall promote the physical culture of society and shall support sport.

The State and each person must protect the environment from harmful influences.

 

Article 54

 

The State shall take care of the protection of the natural environment, wildlife and plants, individual objects of nature, and areas of particular value, and shall supervise the sustainable use of natural resources, as well as their restoration and increase.

The destruction of land and subsurface, the pollution of water and air, radioactive impact on the environment, as well as the depletion of wildlife and plants, shall be prohibited by law.

 

Chapter V

The Seimas

 

Article 55

 

The Seimas shall consist of representatives of the Nation—141 Members of the Seimas, who shall be elected for a four-year term on the basis of universal, equal, and direct suffrage by secret ballot.

The Seimas shall be deemed elected when not less than 3/5 of the Members of the Seimas are elected.

The procedure for the election of the Members of the Seimas shall be established by law.

 

Article 56


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Article 56

 

Any citizen of the Republic of Lithuania who is not bound by an oath or a pledge to a foreign state and who, on the election day, is not younger than 21 years of age and permanently resides in Lithuania may stand for election as a Member of the Seimas.

Persons who have not served punishment imposed by a court judgment, as well as persons declared by a court to be legally incapacitated, may not stand for election as a Member of the Seimas.

 

Article 57

 

A regular election to the Seimas shall be held in the year of the expiry of the powers of the Members of the Seimas on the second Sunday of October.

A regular election to the Seimas following an early election to the Seimas shall be held at the time specified in the first paragraph of this Article.

 

Article 58


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Article 58

 

An early election to the Seimas may be held upon the decision of the Seimas adopted by not less than a 3/5 majority vote of the Members of the Seimas.

An early election to the Seimas may also be called by the President of the Republic:

1) if the Seimas fails to adopt a decision on the new programme of the Government within 30 days of its presentation, or if the Seimas twice in succession gives no assent to the programme of the Government within 60 days of its first presentation;

2) upon the proposal of the Government, if the Seimas expresses direct no confidence in the Government.

The President of the Republic may not call an early election to the Seimas if the term of office of the President of the Republic expires in less than 6 months, or if 6 months have not passed since the early election to the Seimas.

The day of election to the new Seimas shall be specified in the resolution of the Seimas or in the act of the President of the Republic on the early election to the Seimas. The election to the new Seimas must be held within 3 months of the adoption of the decision on the early election.

 

Article 59


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Article 59

 

The term of powers of the Members of the Seimas shall begin to be counted from the day on which the newly elected Seimas convenes for the first sitting. The term of powers of the previously elected Members of the Seimas shall expire at the beginning of this sitting.

An elected Member of the Seimas shall acquire all the rights of a representative of the Nation only after taking an oath at the Seimas to be faithful to the Republic of Lithuania.

A Member of the Seimas who either does not take the oath according to the procedure established by law or takes a conditional oath shall lose the mandate of a Member of the Seimas. The Seimas shall adopt a corresponding resolution thereon.

While in office, the Members of the Seimas shall follow the Constitution of the Republic of Lithuania, the interests of the State, as well as their own consciences, and may not be restricted by any mandates.

 

Article 60


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Article 60

 

The duties of the Members of the Seimas, with the exception of their duties at the Seimas, shall be incompatible with any other duties at state institutions or organisations, or with work in business, commercial, or other private establishments or enterprises. During their term of office, the Members of the Seimas shall be exempt from the duty to perform national defence service.

A Member of the Seimas may be appointed only either as the Prime Minister or a Minister.

The work of the Members of the Seimas, as well as all expenses relating to their parliamentary activities, shall be remunerated from the State Budget. A Member of the Seimas may not receive any other remuneration, with the exception of remuneration for creative activities.

The duties, rights, and guarantees of the activities of a Member of the Seimas shall be established by law.

 

Article 61

 

A Member of the Seimas shall have the right to submit an inquiry to the Prime Minister, the Ministers, and the heads of other state institutions formed or elected by the Seimas. The said persons must respond orally or in writing during the session of the Seimas according to the procedure established by the Seimas.

During a session of the Seimas, a group of not less than 1/5 of the Members of the Seimas may interpellate the Prime Minister or a Minister.

Upon considering the response of the Prime Minister or the Minister to the interpellation, the Seimas may decide that the response is not satisfactory, and, by a majority vote of half of all the Members of the Seimas, may express no confidence in the Prime Minister or the Minister.

The voting procedure shall be established by law.

 

Article 62


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Article 62

 

The person of a Member of the Seimas shall be inviolable.

The Members of the Seimas may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the consent of the Seimas.

The Members of the Seimas may not be persecuted for their votes or speeches at the Seimas. However, they may be held liable according to the general procedure for personal insult or defamation.

 

Article 63

 

The powers of a Member of the Seimas shall cease:

1) upon the expiry of the term of powers, or when the Seimas elected in an early election convenes for the first sitting;

2) upon his death;

3) upon his resignation;

4) when he is declared by a court to be legally incapacitated;

5) when the Seimas revokes his mandate according to the procedure for impeachment proceedings;

6) when the election is declared invalid, or the law on election is grossly violated;

7) when he takes up or does not give up employment that is incompatible with the duties of a Member of the Seimas;

8) when he loses his citizenship of the Republic of Lithuania.

 

Article 64


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Article 64

 

Every year, the Seimas shall convene for two regular sessions—in spring and autumn. The spring session shall commence on the 10th of March and shall end on the 30th of June. The autumn session shall commence on the 10th of September and shall end on the 23rd of December. The Seimas may decide to prolong a session.

Extraordinary sessions shall be convened by the Speaker of the Seimas upon the proposal of not less than one-third of all the Members of the Seimas, or by the President of the Republic in cases provided for in the Constitution.

 

Article 65

 

The President of the Republic shall convene the first sitting of the newly elected Seimas, which must be held within 15 days of the election of the Seimas. If the President of the Republic fails to convene the Seimas, the Members of the Seimas shall assemble by themselves on the day following the expiry of the 15-day period.

 

Article 66

 

Sittings of the Seimas shall be presided over by the Speaker of the Seimas, or his Deputy.

The first sitting of the Seimas after its election shall be opened by the eldest Member of the Seimas.

 

Article 67


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Article 67

 

The Seimas:

1) shall consider and adopt amendments to the Constitution;

2) shall pass laws;

3) shall adopt resolutions on referendums;

4) shall call elections for the President of the Republic of Lithuania;

5) shall establish state institutions provided for by law, and appoint and release their heads;

6) shall or shall not give its assent to the candidate proposed by the President of the Republic for the post of the Prime Minister;

7) shall consider the programme of the Government, presented by the Prime Minister, and decide whether to give its assent to it;

8) shall, upon the proposal of the Government, establish and abolish the ministries of the Republic of Lithuania;

9) shall supervise the activities of the Government and may express no confidence in the Prime Minister or a Minister;

10) shall appoint the justices and Presidents of the Constitutional Court and the Supreme Court;

11) shall appoint and release the Auditor General and the Chairperson of the Board of the Bank of Lithuania;

12) shall call elections to municipal councils and elections for municipal mayors;

13) shall form the Central Electoral Commission and alter its composition;

14) shall approve the State Budget and supervise its execution;

15) shall establish state taxes and other compulsory payments;

16) shall ratify and denounce international treaties of the Republic of Lithuania and consider other issues of foreign policy;

17) shall establish the administrative division of the Republic;

18) shall establish the state awards of the Republic of Lithuania;

19) shall issue acts of amnesty;

20) shall impose direct rule and martial law, declare states of emergency, announce mobilisation, and adopt a decision to use the armed forces.

 

Article 68


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Article 68

 

The right of legislative initiative at the Seimas shall belong to the Members of the Seimas, the President of the Republic, and the Government.

The citizens of the Republic of Lithuania shall also have the right of legislative initiative. 50,000 citizens of the Republic of Lithuania who have the electoral right may submit a draft law to the Seimas, and the Seimas must consider it.

 

Article 69

 

Laws shall be adopted at the Seimas according to the procedure established by law.

Laws shall be deemed adopted if the majority of the Members of the Seimas participating in the sitting vote in favour thereof.

Constitutional laws of the Republic of Lithuania shall be adopted if more than half of all the Members of the Seimas vote in favour thereof, and they shall be altered by not less than a 3/5 majority vote of all the Members of the Seimas. The Seimas shall establish the list of constitutional laws by a 3/5 majority vote of the Members of the Seimas.

The provisions of laws of the Republic of Lithuania may also be adopted by referendum.

 

Article 70

 

Laws adopted by the Seimas shall come into force after they are signed and officially promulgated by the President of the Republic, unless the laws themselves establish a later date for their entry into force.

Other acts adopted by the Seimas, as well as the Statute of the Seimas, shall be signed by the Speaker of the Seimas. The said acts shall come into force on the day following their publication, unless the acts themselves establish another procedure for their entry into force.

 

Article 71


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Article 71

 

Within ten days of receiving a law adopted by the Seimas, the President of the Republic either shall sign and officially promulgate the law or shall, upon reasonable grounds, refer it back to the Seimas for reconsideration.

If the law adopted by the Seimas is neither referred back nor signed by the President of the Republic within the specified period, the law shall come into force after it is signed and officially promulgated by the Speaker of the Seimas.

A law or another act adopted by referendum must, within 5 days, be signed and officially promulgated by the President of the Republic.

If the President of the Republic does not sign and promulgate such a law within the specified period, the law shall come into force after it is signed and officially promulgated by the Speaker of the Seimas.

 

Article 72

 

The Seimas may consider anew and adopt a law referred back by the President of the Republic.

The law reconsidered by the Seimas shall be deemed adopted if the amendments and supplements submitted by the President of the Republic are adopted, or if more than 1/2 of all the Members of the Seimas vote for the law, or, in cases where such a law is a constitutional law—if not less than 3/5 of all the Members of the Seimas vote in favour thereof.

The President of the Republic must sign such laws within three days and promulgate them immediately.

 

Article 73


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Article 73

 

Complaints of citizens about the abuse of authority or bureaucratic intransigence by state and municipal officials (with the exception of judges) shall be examined by the Seimas Ombudsmen, who shall have the right to submit a proposal before a court for dismissing the guilty officials from office.

The powers of the Seimas Ombudsmen shall be established by law.

The Seimas shall also establish, when necessary, other institutions of control. Their system and powers shall be established by law.

 

Article 74

 

The President of the Republic, the President and justices of the Constitutional Court, the President and justices of the Supreme Court, the President and judges of the Court of Appeal, as well as any Members of the Seimas who grossly violate the Constitution or breach their oath, or are found to have committed a crime, may be removed from office or have the mandate of a Member of the Seimas revoked by a 3/5 majority vote of all the Members of the Seimas. This shall be performed in accordance with the procedure for impeachment proceedings, which shall be established by the Statute of the Seimas.

A person who has been removed from office or whose mandate of a Member of the Seimas has been revoked by the Seimas in accordance with the procedure for impeachment proceedings for a gross violation of the Constitution or for breach of his oath may take up an office specified in the Constitution, the commencement of which, in accordance with the Constitution, is subject to the taking of the oath provided for in the Constitution, when at least ten years have elapsed from the decision of the Seimas by which he was removed from office or his mandate of a Member of the Seimas was revoked.

 

Article 75


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Article 75

 

The officials appointed or elected by the Seimas, with the exception of the persons specified in Article 74 of the Constitution, shall be dismissed from office when the Seimas expresses no confidence in them by a majority vote of all the Members of the Seimas.

 

Article 76

 

The structure and procedure of activities of the Seimas shall be established by the Statute of the Seimas. The Statute of the Seimas shall have the force of a law.

 

Chapter VI

The President of the Republic

 

Article 77

 

The President of the Republic shall be the Head of State.

The President of the Republic shall represent the State of Lithuania and shall perform everything with which he is charged by the Constitution and laws.

 

Article 78

 

A Lithuanian citizen by descent who has lived in Lithuania for not less than the last three years, provided that he has reached the age of not less than 40 prior to the election day and may stand for election as a Member of the Seimas, may stand for election as the President of the Republic.

The President of the Republic shall be elected by the citizens of the Republic of Lithuania for a five-year term by universal, equal, and direct suffrage by secret ballot.

The same person may not be elected the President of the Republic for more than two consecutive terms.

 

Article 79

 

Any citizen of the Republic of Lithuania who meets the conditions set forth in the first paragraph of Article 78 and collects the signatures of not less than 20,000 voters shall be registered as a presidential candidate.

The number of candidates for the post of the President of the Republic shall not be limited.

 

Article 80


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Article 80

 

A regular election of the President of the Republic shall be held on the last Sunday two months before the expiry of the term of office of the President of the Republic.

 

Article 81

 

The candidate for the post of the President of the Republic who, during the first round of voting in which not less than half of all the voters participate, receives the votes of more than half of all the voters who participate in the election shall be deemed elected. If less than half of all the voters participate in the election, the candidate who receives the greatest number of votes, but not less than 1/3 of the votes of all the voters, shall be deemed elected.

If, during the first round of voting, no single candidate gets the requisite number of votes, the second round of voting shall be held two weeks later with the two candidates who have received the greatest number of votes standing against each other. The candidate who receives more votes shall be deemed elected.

If no more than two candidates take part in the first round, and neither of them receives the requisite number of votes, a repeat election shall be held.

 

Article 82


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Article 82

 

On the day following the expiry of the term of office of the President of the Republic, the elected President of the Republic shall take office after he, in Vilnius, in the presence of the representatives of the Nation—the Members of the Seimas, takes an oath to the Nation to be faithful to the Republic of Lithuania and the Constitution, to conscientiously fulfil the duties of his office, and to be equally just to all.

A re-elected President of the Republic shall also take the oath.

The act on taking the oath of the President of the Republic shall be signed by him and by the President of the Constitutional Court or, in the absence of the latter, by a justice of the Constitutional Court.

 

Article 83

 

The President of the Republic may not be a Member of the Seimas, may not hold any other office, and may not receive any remuneration other than the remuneration established for the President of the Republic and remuneration for creative activities.

A person elected the President of the Republic must suspend his activities in political parties and political organisations until the beginning of a new campaign for the election of the President of the Republic.

 

Article 84


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The President of the Republic:

1) shall decide the basic issues of foreign policy and, together with the Government, conduct foreign policy;

2) shall sign international treaties of the Republic of Lithuania and submit them to the Seimas for ratification;

3) shall, upon submission by the Government, appoint and recall the diplomatic representatives of the Republic of Lithuania to foreign states and international organisations; shall receive the letters of credence and recall of the diplomatic representatives of foreign states; and shall confer the highest diplomatic ranks and special titles;

4) shall, upon the assent of the Seimas, appoint the Prime Minister; shall charge the Prime Minister with forming the Government; and shall approve the composition of the formed Government;

5) shall, upon the assent of the Seimas, release the Prime Minister from duties;

6) shall accept the powers returned by the Government upon the election of a new Seimas and charge the Government with exercising its duties until a new Government is formed;

7) shall accept the resignation of the Government and, when necessary, charge it with continuing to exercise its duties, or charge one of the Ministers with exercising the duties of the Prime Minister, until a new Government is formed; shall accept the resignations of Ministers and may charge them with exercising their duties until a new respective Minister is appointed;

8) shall, upon the resignation of the Government or after it returns its powers, within 15 days, propose the candidate for the post of the Prime Minister for consideration by the Seimas;

9) shall appoint and release Ministers upon submission by the Prime Minister;

10) shall, according to the established procedure, appoint and release state officials provided for by law;


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11) shall propose candidates for the posts of the justices of the Supreme Court for consideration by the Seimas and, upon the appointment of all the justices of the Supreme Court, propose the candidate from among them for the post of the President of the Supreme Court to be appointed by the Seimas; shall appoint the judges of the Court of Appeal and, from among them, the President of the Court of Appeal, provided that the Seimas gives its assent to the candidates proposed; shall appoint the judges and presidents of regional and local courts and change their places of work; in cases provided for by law, shall submit that the Seimas release judges from their duties; shall, upon the assent of the Seimas, appoint and release the Prosecutor General of the Republic of Lithuania;

12) shall propose candidates for the posts of three justices of the Constitutional Court and, upon the appointment of all the justices of the Constitutional Court, propose the candidate from among them for the post of the President of the Constitutional Court to be appointed by the Seimas;

13) shall propose candidates for the posts of the Auditor General and the Chairperson of the Board of the Bank of Lithuania for consideration by the Seimas; may submit that the Seimas express no confidence in them;

14) shall, upon the assent of the Seimas, appoint and release the Commander of the Armed Forces and the Head of the Security Service;

15) shall confer the highest military ranks;

16) shall, in the event of an armed attack threatening the sovereignty of the State or its territorial integrity, adopt decisions concerning defence against the armed aggression, the imposition of martial law, as well as mobilisation, and submit these decisions for approval at the next sitting of the Seimas;


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17) shall declare a state of emergency according to the procedure and in cases established by law and present this decision for approval at the next sitting of the Seimas;

18) shall make annual reports at the Seimas on the situation in Lithuania and the domestic and foreign policies of the Republic of Lithuania;

19) shall, in cases provided for in the Constitution, convene an extraordinary session of the Seimas;

20) shall call regular elections to the Seimas and, in cases provided for in the second paragraph of Article 58 of the Constitution, call early elections to the Seimas;

21) shall grant citizenship of the Republic of Lithuania according to the procedure established by law;

22) shall confer state awards;

23) shall grant pardons to convicted persons;

24) shall sign and promulgate laws adopted by the Seimas or refer them back to the Seimas according to the procedure established in Article 71 of the Constitution.


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Article 85

 

The President of the Republic, implementing the powers vested in him, shall issue acts-decrees. To be valid, the decrees issued by the President of the Republic for the purposes specified in Items 3, 15, 17, and 21 of Article 84 of the Constitution must be signed by the Prime Minister or an appropriate Minister. Responsibility for such a decree shall lie with the Prime Minister or the Minister who signs it.

 

Article 86

 

The person of the President of the Republic shall be inviolable: while in office, he may be neither detained nor held criminally or administratively liable.

The President of the Republic may be removed from office only for a gross violation of the Constitution or a breach of the oath, or when he is found to have committed a crime. The issue of the removal of the President of the Republic from office shall be decided by the Seimas according to the procedure for impeachment proceedings.

 

Article 87


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Article 87

 

After, in cases provided for in the second paragraph of Article 58 of the Constitution, the President of the Republic calls an early election to the Seimas, the newly elected Seimas may, by a 3/5 majority vote of all the Members of the Seimas and within 30 days of the day of the first sitting, call an early election of the President of the Republic.

The President of the Republic wishing to participate in the election shall be immediately registered as a candidate.

The President of the Republic re-elected in such an election shall be deemed elected for the second term of office provided that more than three years of his first term of office have expired prior to the election. If less than three years of the first term of office have expired, the President of the Republic shall only be elected for the remainder of the first term of office, which shall not be considered the second term of office.

If an early election of the President of the Republic is called during his second term of office, the incumbent President of the Republic may only be elected for the remainder of the second term of office.

 

Article 88

 

The powers of the President of the Republic shall cease:

1) upon the expiry of the period for which he is elected;

2) after an early election of the President of the Republic takes place;

3) upon his resignation from office;

4) upon his death;

5) when the Seimas removes him from office according to the procedure for impeachment proceedings;

6) when the Seimas, taking into consideration the conclusion of the Constitutional Court, by a 3/5 majority vote of all the Members of the Seimas, adopts a resolution stating that the state of health of the President of the Republic does not allow him to hold office.


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Article 89

 

In the event that the President of the Republic dies, resigns, or is removed from office according to the procedure for impeachment proceedings, or the Seimas decides that the state of health of the President of the Republic does not allow him to hold office, the office of the President of the Republic shall temporarily be held by the Speaker of the Seimas. In such a case, the Speaker of the Seimas shall lose his powers at the Seimas, and his office shall temporarily be held, upon commissioning by the Seimas, by his Deputy. In the enumerated cases, the Seimas must, within 10 days, call an election of the President of the Republic, which must be held within two months. If the Seimas cannot convene and call the election of the President of the Republic, the election shall be called by the Government.

The Speaker of the Seimas shall substitute for the President of the Republic when the latter is temporarily abroad or falls ill and, for this reason, is temporarily unable to hold office.

While temporarily substituting for the President of the Republic, the Speaker of the Seimas may neither call an early election to the Seimas nor appoint or release Ministers without the consent of the Seimas. During the said period, the Seimas may not consider the issue of no confidence in the Speaker of the Seimas.

With the exception of the cases specified in this Article, the powers of the President of the Republic may not be executed by any other persons or institutions.

 

Article 90

 

The President of the Republic shall have a residence. The financing of the President of the Republic and of his residence shall be established by law.

 

Chapter VII

The Government of the Republic of Lithuania

 

Article 91


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Article 91

 

The Government of the Republic of Lithuania shall consist of the Prime Minister and Ministers.

 

Article 92

 

The Prime Minister shall, upon the assent of the Seimas, be appointed and released by the President of the Republic.

Ministers shall, upon submission by the Prime Minister, be appointed and released by the President of the Republic.

The Prime Minister, within 15 days of his appointment, shall form and present to the Seimas the Government, approved by the President of the Republic, and shall submit the programme of the formed Government for consideration by the Seimas.

The Government shall return its powers to the President of the Republic after the election of the Seimas or after the election of the President of the Republic.

A new Government shall receive the powers to act after the Seimas gives assent to its programme by a majority vote of the Members of the Seimas participating in the sitting.

 

Article 93

 

Before taking office, the Prime Minister and Ministers shall take an oath at the Seimas to be faithful to the Republic of Lithuania and to observe the Constitution and laws. The text of the oath shall be established by the Law on the Government.

 

Article 94


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Article 94

 

The Government of the Republic of Lithuania:

1) shall manage national affairs, protect the territorial inviolability of the Republic of Lithuania, and guarantee state security and public order;

2) shall execute laws, the resolutions of the Seimas on the implementation of laws, as well as the decrees of the President of the Republic;

3) shall co-ordinate the activities of ministries and other establishments of the Government;

4) shall prepare a draft State Budget and submit it to the Seimas; shall execute the State Budget and submit to the Seimas a report on the execution of the budget;

5) shall prepare draft laws and present them to the Seimas for consideration;

6) shall establish diplomatic ties and maintain relations with foreign states and international organisations;

7) shall discharge other duties prescribed to the Government by the Constitution and other laws.

 

Article 95

 

The Government of the Republic of Lithuania shall decide the affairs of state governance at its sittings by adopting resolutions by a majority vote of all the members of the Government. The Auditor General may also participate in the sittings of the Government.

The resolutions of the Government shall be signed by the Prime Minister and the Minister of the respective area.

 

Article 96

 

The Government of the Republic of Lithuania shall be jointly and severally responsible to the Seimas for the general activities of the Government.

Ministers, in directing the areas of governance entrusted to them, shall be responsible to the Seimas and the President of the Republic, and directly subordinate to the Prime Minister.

 

Article 97


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Article 97

 

The Prime Minister shall represent the Government of the Republic of Lithuania and shall head its activities.

In the absence of the Prime Minister, or when he is unable to hold office, the President of the Republic, upon submission by the Prime Minister, shall assign one of the Ministers to substitute for the Prime Minister during a period not exceeding 60 days; when there is no such submission, the President of the Republic shall assign one of the Ministers to substitute for the Prime Minister.

 

Article 98

 

Ministers shall head their respective ministry, shall decide on issues belonging to the competence of their ministry, and shall also discharge other functions provided for by law.

Only another member of the Government appointed by the Prime Minister may temporarily substitute for a Minister.

 

Article 99

 

The Prime Minister and Ministers may not hold any other elective or appointive office, may not work in any business, commercial, or other private establishments or enterprises, nor may they receive any remuneration other than that established for their respective governmental duties and payment for creative activities.

 

Article 100

 

The Prime Minister and Ministers may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the prior consent of the Seimas or, in the period between the sessions of the Seimas, without the prior consent of the President of the Republic.

 

Article 101


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Article 101

 

At the request of the Seimas, the Government or individual Ministers must give an account of their activities to the Seimas.

When more than half of the Ministers are replaced, the Government must once again receive its powers from the Seimas. Otherwise, the Government must resign.

The Government must also resign in the following cases:

1) when the Seimas twice in succession does not give its assent to the programme of the newly formed Government;

2) when the Seimas, by a majority vote of all the Members of the Seimas and by secret ballot, expresses no confidence in the Government or in the Prime Minister;

3) when the Prime Minister resigns or dies;

4) after the election to the Seimas, when a new Government is formed.

A Minister must resign when more than half of all the Members of the Seimas, by secret ballot, express no confidence in him.

The President of the Republic shall accept the resignation of the Government or a Minister.

 

Chapter VIII

The Constitutional Court

 

Article 102

 

The Constitutional Court shall decide whether the laws and other acts of the Seimas are in conflict with the Constitution, and whether the acts of the President of the Republic and the Government are in conflict with the Constitution or laws.

The status of the Constitutional Court and the procedure for the execution of its powers shall be established by the Law on the Constitutional Court of the Republic of Lithuania.

 

Article 103


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Article 103

 

The Constitutional Court shall consist of 9 justices, each appointed for a single nine-year term of office. Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint three candidates for justices of the Constitutional Court from the candidates submitted by the President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court, and shall appoint them as justices.

The Seimas shall appoint the President of the Constitutional Court from among its justices upon submission by the President of the Republic.

The citizens of the Republic of Lithuania with an impeccable reputation, higher education in law, and not less than a 10-year length of service in the field of law or in a branch of science and education as a lawyer may be appointed as justices of the Constitutional Court.

 

Article 104

 

While in office, the justices of the Constitutional Court shall be independent of any other state institution, person, or organisation, and shall follow only the Constitution of the Republic of Lithuania.

Before entering office, the justices of the Constitutional Court shall take an oath at the Seimas to be faithful to the Republic of Lithuania and the Constitution.

The limitations established on work and political activities for the judges of courts shall also apply to the justices of the Constitutional Court.

The justices of the Constitutional Court shall have the same rights concerning the inviolability of their person as the Members of the Seimas.

 

Article 105


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Article 105

 

The Constitutional Court shall consider and adopt decisions on whether the laws of the Republic of Lithuania or other acts adopted by the Seimas are in conflict with the Constitution of the Republic of Lithuania.

The Constitutional Court shall also consider whether the following are in conflict with the Constitution and laws:

1) the acts of the President of the Republic;

2) the acts of the Government of the Republic.

The Constitutional Court shall present conclusions on:

1) whether there were the violations of election laws during the elections of the President of the Republic or the elections of the Members of the Seimas;

2) whether the state of health of the President of the Republic allows him to continue to hold office;

3) whether the international treaties of the Republic of Lithuania are in conflict with the Constitution;

4) whether the concrete actions of the Members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.

 

Article 106


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Article 106

 

The Government, not less than 1/5 of all the Members of the Seimas, and courts shall have the right to apply to the Constitutional Court concerning the acts specified in the first paragraph of Article 105.

Not less than 1/5 of all the Members of the Seimas and courts shall have the right to apply to the Constitutional Court concerning the conformity of the acts of the President of the Republic with the Constitution and laws.

Not less than 1/5 of all the Members of the Seimas, courts, as well as the President of the Republic, shall have the right to apply to the Constitutional Court concerning the conformity of the acts of the Government with the Constitution and laws.

An application by the President of the Republic to the Constitutional Court, or a resolution of the Seimas, asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act.

The conclusions of the Constitutional Court may be requested by the Seimas or, in cases concerning elections to the Seimas or international treaties, by the President of the Republic.

The Constitutional Court shall have the right to refuse to accept a case for consideration or to prepare a conclusion if the application is based on non-legal reasoning.

 

Article 107


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Article 107

 

A law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, an act (or part thereof) of the President of the Republic, or an act (or part thereof) of the Government may not be applied from the day of the official publication of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution of the Republic of Lithuania.

The decisions of the Constitutional Court on the issues assigned to its competence by the Constitution shall be final and not subject to appeal.

On the basis of the conclusions of the Constitutional Court, the Seimas shall take a final decision on the issues set forth in the third paragraph of Article 105 of the Constitution.

 

Article 108

 

The powers of a justice of the Constitutional Court shall cease:

1) upon the expiry of the term of powers;

2) upon his death;

3) upon his resignation;

4) when he is incapable of holding office due to the state of his health;

5) when the Seimas removes him from office in accordance with the procedure for impeachment proceedings.

 

Chapter IX

Courts

 

Article 109

 

In the Republic of Lithuania, justice shall be administered only by courts.

When administering justice, judges and courts shall be independent.

When considering cases, judges shall obey only the law.

Courts shall adopt decisions in the name of the Republic of Lithuania.

 

Article 110


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Article 110

 

Judges may not apply any laws that are in conflict with the Constitution.

In cases when there are grounds to believe that a law or another legal act that should be applied in a concrete case is in conflict with the Constitution, the judge shall suspend the consideration of the case and shall apply to the Constitutional Court, requesting that it decide whether the law or another legal act in question is in compliance with the Constitution.

 

Article 111

 

The courts of the Republic of Lithuania shall be the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional courts, and local courts.

For the consideration of administrative, labour, family, and cases of other categories, specialised courts may be established according to the law.

No courts with extraordinary powers may be established in the Republic of Lithuania in time of peace.

The formation and competence of courts shall be established by the Law on Courts of the Republic of Lithuania.

 

Article 112


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Article 112

 

In Lithuania, only the citizens of the Republic of Lithuania may be judges.

The justices of the Supreme Court, as well as its President chosen from among them, shall be appointed and released by the Seimas upon submission by the President of the Republic.

The judges of the Court of Appeal, as well as its President chosen from among them, shall be appointed by the President of the Republic upon the assent of the Seimas.

The judges and presidents of local, regional, and specialised courts shall be appointed, and their places of work shall be changed, by the President of the Republic.

A special institution of judges, as provided for by law, shall advise the President of the Republic on the appointment, promotion, and transfer of judges, or their release from duties.

A person appointed as a judge shall, according to the procedure established by law, take an oath to be faithful to the Republic of Lithuania and to administer justice only according to the law.

 

Article 113

 

Judges may not hold any other elective or appointive office, or work in any business, commercial, or other private establishments or enterprises. Nor may they receive any remuneration other than the remuneration established for judges and payment for educational or creative activities.

Judges may not participate in the activities of political parties or other political organisations.

 

Article 114


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Article 114

 

Interference by any institutions of state power and governance, Members of the Seimas or other officials, political parties, political or public organisations, or citizens with the activities of a judge or court shall be prohibited and shall lead to liability provided for by law.

Judges may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the consent of the Seimas or, in the period between the sessions of the Seimas, without the consent of the President of the Republic of Lithuania.

 

Article 115

 

The judges of the courts of the Republic of Lithuania shall be released from their duties according to the procedure established by law in the following cases:

1) of their own will;

2) upon the expiry of the term of powers, or upon reaching the pensionable age established by law;

3) due to their state of health;

4) upon election to another office, or upon transfer, with their consent, to another place of work;

5) when their conduct discredits the name of judges;

6) upon the entry into effect of court judgments convicting them.

 

Article 116

 

For a gross violation of the Constitution or a breach of the oath, or when they are found to have committed a crime, the President and justices of the Supreme Court, as well as the President and judges of the Court of Appeal, may be removed from office by the Seimas according to the procedure for impeachment proceedings.

 

Article 117


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Article 117

 

In all courts, the consideration of cases shall be public. A closed court hearing may be held in order to protect the secrecy of private or family life, or where the public consideration of the case might disclose a state, professional, or commercial secret.

In the Republic of Lithuania, court proceedings shall be conducted in the state language.

Persons who do not have sufficient knowledge of the Lithuanian language shall be guaranteed the right to participate in the investigation and court proceedings through a translator.

 

Article 118

 

A pre-trial investigation shall be organised and directed, and charges on behalf of the State in criminal cases shall be upheld, by prosecutors.

In cases established by law, prosecutors shall defend the rights and legitimate interests of the person, society, and the State.

When performing their functions, prosecutors shall be independent and shall obey only the law.

The Prosecution Service of the Republic of Lithuania shall be the Office of the Prosecutor General and territorial prosecutor’s offices.

The Prosecutor General shall be appointed and released by the President of the Republic upon the assent of the Seimas.

The procedure for the appointment and release of prosecutors, as well as their status, shall be established by law.

 

Chapter X

Local Self-Government and Governance

 

Article 119


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Article 119

 

The right to self-government shall be guaranteed to the administrative territorial units of the State which are provided for by law. This right shall be implemented through the respective municipal councils and municipal mayors.

The members of municipal councils shall be elected from among the citizens of the Republic of Lithuania and other permanent residents of the respective administrative units and mayors shall be elected from among the citizens of the Republic of Lithuania for a four-year term, as provided for by law, by the citizens of the Republic of Lithuania and other permanent residents of these administrative units on the basis of universal, equal, and direct suffrage by secret ballot.

The procedure for the organisation and activities of self-government institutions shall be established by law.

 

Article 120

 

The State shall support municipalities.

Municipalities shall act freely and independently within their competence defined by the Constitution and laws.

 

Article 121

 

Municipalities shall draft and approve their budgets.

Municipal councils shall have the right, within the limits and according to the procedure provided for by law, to establish local levies; municipal councils may provide for tax and levy concessions at the expense of their own budgets.

 

Article 122

 

Municipal councils and municipal mayors shall have the right to apply to a court regarding the violation of their rights.

Article 123


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At higher-level administrative units, governance shall be organised by the Government according to the procedure established by law.

The observance of the Constitution and laws and the execution of the decisions of the Government by municipalities shall be supervised by the representatives appointed by the Government.

The powers of the representatives of the Government and the procedure for the execution of their powers shall be established by law.

In cases and according to the procedure provided for by law, the Seimas may temporarily introduce direct rule in the territory of a municipality.

 

Article 124

 

The acts or actions of municipal councils or of municipal mayors that violate the rights of citizens or organisations may be appealed against before a court.

 

Chapter XI

Finances and the State Budget

 

Article 125

 

In the Republic of Lithuania, the Bank of Lithuania shall be the central bank, which belongs to the State of Lithuania by right of ownership.

The procedure for the organisation and activities of the Bank of Lithuania, its powers, and the legal status of the Chairperson of the Board of the Bank of Lithuania, as well as the grounds for his release from duties, shall be established by law.

 

Article 126

 

The Bank of Lithuania shall be directed by the Board of the Bank, consisting of the Chairperson, Deputy Chairpersons, and members.

The Chairperson of the Board of the Bank of Lithuania shall be appointed for a five-year term by the Seimas upon submission by the President of the Republic.

 

Article 127


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Article 127

 

The budgetary system of the Republic of Lithuania shall consist of the independent State Budget of the Republic of Lithuania and independent municipal budgets.

The revenue of the State Budget shall be raised from taxes, compulsory payments, levies, income from state-owned property, and other income.

Taxes, other payments to the budgets, and levies shall be established by the laws of the Republic of Lithuania.

 

Article 128

 

Decisions concerning state loans and other basic property liabilities of the State shall be adopted by the Seimas upon the proposal of the Government.

The procedure for the possession, use, and disposal of state-owned property shall be established by law.

 

Article 129

 

The budget year shall start on the 1st of January and shall end on the 31st of December.

 

Article 130

 

The Government shall draw up a draft State Budget and present it to the Seimas not later than 75 days before the end of the budget year.

 

Article 131

 

The draft State Budget shall be considered by the Seimas and shall be approved by law before the start of the new budget year.

During the consideration of the draft budget, the Seimas may increase expenditure provided that it specifies financial sources for the additional expenditure. The expenditure established by law may not be reduced as long as these laws are not altered.

 

Article 132


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Article 132

 

If the State Budget is not approved on time, in such cases, at the beginning of the budget year, the budget expenditure each month may not exceed 1/12 of the expenditure of the State Budget of the previous budget year.

During the budget year, the Seimas may change the budget. It shall be changed according to the same procedure according to which it is drawn up, adopted, and approved. When necessary, the Seimas may approve an additional budget.

 

Chapter XII

The National Audit Office

 

Article 133

 

The system and powers of the National Audit Office shall be established by law.

The National Audit Office shall be headed by the Auditor General, who shall be appointed for a five-year term by the Seimas upon submission by the President of the Republic.

Before taking office, the Auditor General shall take an oath. The oath shall be established by law.

 

Article 134

 

The National Audit Office shall supervise the lawfulness of the possession and use of state-owned property and the execution of the State Budget.

The Auditor General shall submit a conclusion to the Seimas concerning the report on the annual execution of the budget.

 

Chapter XIII

Foreign Policy and National Defence

 

Article 135

 

In implementing its foreign policy, the Republic of Lithuania shall follow the universally recognised principles and norms of international law, shall seek to ensure national security and independence, the welfare of its citizens, and their basic rights and freedoms, and shall contribute to the creation of the international order based on law and justice.

In the Republic of Lithuania, war propaganda shall be prohibited.

 

Article 136


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Article 136

 

The Republic of Lithuania shall participate in international organisations provided that this is not in conflict with the interests and independence of the State.

 

Article 137

 

There may not be any weapons of mass destruction and foreign military bases on the territory of the Republic of Lithuania.

 

Article 138

 

The Seimas shall ratify or denounce the following international treaties of the Republic of Lithuania:

1) on the alteration of the boundaries of the State of the Republic of Lithuania;

2) on political co-operation with foreign states; mutual assistance treaties; as well as treaties of a defensive nature related to the defence of the State;

3) on the renunciation of the use of force or threatening by force; as well as peace treaties;

4) on the presence and status of the armed forces of the Republic of Lithuania on the territories of foreign states;

5) on the participation of the Republic of Lithuania in universal international organisations and regional international organisations;

6) multilateral or long-term economic treaties.

Laws, as well as international treaties, may also provide for other cases when the Seimas ratifies international treaties of the Republic of Lithuania.

International treaties ratified by the Seimas of the Republic of Lithuania shall be a constituent part of the legal system of the Republic of Lithuania.

 

Article 139

 

The defence of the State of Lithuania against a foreign armed attack shall be the right and duty of each citizen of the Republic of Lithuania.

The citizens of the Republic of Lithuania must perform military or alternative national defence service according to the procedure established by law.

The organisation of national defence shall be established by law.

 

Article 140


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Article 140

 

The main issues of national defence shall be considered and co-ordinated by the State Defence Council, which consists of the President of the Republic, the Prime Minister, the Speaker of the Seimas, the Minister of National Defence, and the Commander of the Armed Forces. The State Defence Council shall be headed by the President of the Republic. The procedure for its formation and activities, as well as its powers, shall be established by law.

The President of the Republic shall be the Commander-in-Chief of the Armed Forces of the State.

The Government, the Minister of National Defence, and the Commander of the Armed Forces shall be responsible to the Seimas for the administration and command of the armed forces of the State. The Minister of National Defence may not be a serviceman who is not yet retired to the reserve.

 

Article 141

 

Persons performing actual military service or alternative service, as well as the officers, non-commissioned officers, re-enlistees of the national defence system, the police, and the interior, and other paid officials of paramilitary and security services who are not retired to the reserve, may not be Members of the Seimas, members of municipal councils or municipal mayors. They may not hold any elective or appointive office in the civilian state service, or participate in the activities of political parties or organisations.

 

Article 142


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Article 142

 

The Seimas shall impose martial law, announce mobilisation or demobilisation, or adopt the decision to use the armed forces when the need arises to defend the Homeland or to fulfil the international obligations of the State of Lithuania.

In the event of an armed attack threatening the sovereignty of the State or its territorial integrity, the President of the Republic shall immediately adopt a decision on defence against the armed aggression, impose martial law throughout the State or in its separate part, or announce mobilisation, and submit these decisions for approval at the next sitting of the Seimas, or immediately convene an extraordinary session in the period between sessions of the Seimas. The Seimas shall approve or overrule the decision of the President of the Republic.

 

Article 143

 

If a regular election must be held in time of war actions, either the Seimas or the President of the Republic shall adopt the decision to extend the term of powers of the Seimas, the President of the Republic, or municipal councils and municipal mayors. In such a case, elections must be called not later than three months after the end of the war.

 

Article 144

 

When a threat arises to the constitutional system or social peace in the State, the Seimas may declare a state of emergency throughout the territory of the State or in any part thereof. The period of the state of emergency shall not exceed six months.

In cases of urgency, between sessions of the Seimas, the President of the Republic shall have the right to adopt a decision on the state of emergency and convene an extraordinary session of the Seimas for the consideration of this issue. The Seimas shall approve or overrule the decision of the President of the Republic.

The state of emergency shall be regulated by law.

 

Article 145


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Article 145

 

Upon the imposition of martial law or the declaration of a state of emergency, the rights and freedoms specified in Articles 22, 24, 25, 32, 35, and 36 of the Constitution may temporarily be limited.

 

Article 146

 

The State shall take care of and provide for servicemen who lose their health during military service, as well as for the families of servicemen who lose their lives or die during military service.

The State shall also provide for citizens who lose their health while defending the State, as well as for the families of citizens who lose their lives or die in defence of the State.

 

Chapter XIV

The Alteration of the Constitution

 

Article 147

 

A motion to alter or supplement the Constitution of the Republic of Lithuania may be submitted to the Seimas by a group of not less than 1/4 of all the Members of the Seimas or not less than by 300,000 voters.

During a state of emergency or martial law, the Constitution may not be amended.

 

Article 148


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Article 148

 

The provision “The State of Lithuania shall be an independent democratic republic” of Article 1 of the Constitution may be altered only by referendum if not less than 3/4 of the citizens of Lithuania with the electoral right vote in favour thereof.

The provisions of the First Chapter “The State of Lithuania” and the Fourteenth Chapter “The Alteration of the Constitution” may be altered only by referendum.

Amendments to the Constitution concerning other chapters of the Constitution must be considered and voted at the Seimas twice. There must be a break of not less than three months between the votes. A draft law on the alteration of the Constitution shall be deemed adopted by the Seimas if, during each of the votes, not less than 2/3 of all the Members of the Seimas vote in favour thereof.

A failed amendment to the Constitution may be submitted to the Seimas for reconsideration not earlier than after one year.

 

Article 149

 

The President of the Republic shall sign an adopted law on the alteration of the Constitution and officially promulgate it within five days.

If the President of the Republic does not sign and promulgate such a law within the specified time, this law shall come into force when the Speaker of the Seimas signs and promulgates it.

A law on the alteration of the Constitution shall come into force not earlier than one month after its adoption.

 

Final Provisions

 

Article 150


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Final Provisions

 

Article 150

 

The constituent part of the Constitution of the Republic of Lithuania shall be:

The Constitutional Law “On the State of Lithuania” of 11 February 1991;

The Constitutional Act “On the Non-Alignment of the Republic of Lithuania to Post-Soviet Eastern Unions” of 8 June 1992;

The Law “On the Procedure for the Entry into Force of the Constitution of the Republic of Lithuania” of 25 October 1992;

The Constitutional Act “On Membership of the Republic of Lithuania in the European Union” of 13 July 2004.

 

Article 151

 

This Constitution of the Republic of Lithuania shall come into force on the day following the official publication of the results of the Referendum provided that more than half of the citizens of the Republic of Lithuania with the electoral right give their consent to this Constitution in the Referendum.

 

Article 152

 

The procedure for the entry into force of this Constitution and separate provisions thereof shall be regulated by the Law of the Republic of Lithuania “On the Procedure for the Entry into Force of the Constitution of the Republic of Lithuania”, which, together with this Constitution of the Republic of Lithuania, shall be adopted by referendum.

 

Article 153


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Article 153

 

After the adoption of this Constitution of the Republic of Lithuania by referendum, the Seimas of the Republic of Lithuania, by 25 October 1993, may alter, by a 3/5 majority vote of all the Members of the Seimas, the provisions of this Constitution of the Republic of Lithuania contained in Articles 47, 55, 56, Item 2 of the second paragraph of Article 58, in Articles 65, 68, 69, Items 11 and 12 of Article 84, the first paragraph of Article 87, in Articles 96, 103, 118, and in the fourth paragraph of Article 119.

 

Article 154

 

The Constitution of the Republic of Lithuania and the Law of the Republic of Lithuania “On the Procedure for the Entry into Force of the Constitution of the Republic of Lithuania”, adopted by referendum, shall be signed and, within 15 days, promulgated by the Chairman of the Supreme Council of the Republic of Lithuania.

 

 

CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 6 November 1992

 

 

 

CONSTITUENT PART OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

THE CONSTITUTIONAL LAW OF THE REPUBLIC OF LITHUANIA ON THE STATE OF LITHUANIA


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The Supreme Council of the Republic of Lithuania,

taking account of the fact that, during the general poll (plebiscite) held on 9 February 1991, more than three-quarters of the population of Lithuania with the active electoral right voted by secret ballot that “the State of Lithuania would be an independent democratic republic”,

emphasising that, by this expression of sovereign powers and will, the Nation of Lithuania once again confirmed its unchanging stand on the independent State of Lithuania;

interpreting the results of the plebiscite as the common determination to strengthen and defend the independence of Lithuania and to create a democratic republic, and

executing the will of the Nation of Lithuania,

adopts and solemnly proclaims this Law.

 

Article 1

 

The statement “The State of Lithuania shall be an independent democratic republic” is a constitutional norm of the Republic of Lithuania and a fundamental principle of the State.

 

Article 2

 

The constitutional norm and the fundamental principle of the State as formulated in the first article of this Law may be altered only by a general poll (plebiscite) of the Nation of Lithuania provided that not less than three-quarters of the citizens of Lithuania with the active electoral right vote in favour thereof.

 

CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 11 February 1991

No. I-1051

 

 

THE CONSTITUTIONAL ACT OF THE REPUBLIC OF LITHUANIA ON THE NON-ALIGNMENT OF THE REPUBLIC OF LITHUANIA TO POST-SOVIET EASTERN UNIONS


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The Supreme Council of the Republic of Lithuania,

invoking the 16 February 1918 and 11 March 1990 Acts on the Restoration of the Independent State of Lithuania and acting upon the will of the entire Nation, as expressed on 9 February 1991, and

witnessing the attempts to preserve, in any form, the former Union of Soviet Socialist Republics with all its conquered territories, and the intentions to draw Lithuania into the defensive, economic, financial, and other “spaces” of the post-Soviet Eastern bloc,

 

r e s o l v e s:

 

1. To develop mutually advantageous relations with each state that was formerly a component of the USSR, but never join, in any form, any new political, military, economic, or other unions or commonwealths of states formed on the basis of the former USSR.

2. Any activities seeking to draw the State of Lithuania into the unions or commonwealths of states specified in the first article of this Constitutional Act shall be regarded as hostile to the independence of Lithuania, and liability for them shall be established by law.

3. There may be no military bases or army units of Russia, or the Commonwealth of Independent States or its constituent states, on the territory of the Republic of Lithuania.

 

CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 8 June 1992

No. I-2622

 

 

THE LAW OF THE REPUBLIC OF LITHUANIA ON THE PROCEDURE FOR THE ENTRY INTO FORCE OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

Article 1


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Article 1

 

Upon the entry into force of the Constitution of the Republic of Lithuania, the Provisional Basic Law of the Republic of Lithuania shall become null and void.

 

Article 2

 

Laws, as well as other legal acts or parts thereof, that were in force on the territory of the Republic of Lithuania prior to the adoption of the Constitution of the Republic of Lithuania shall be effective inasmuch as they are not in conflict with the Constitution and this Law, and shall remain in force until they are either declared null and void or brought in line with the provisions of the Constitution.

 

Article 3

 

The provisions of the laws of the Republic of Lithuania that regulate the status of the supreme institutions of state power and governance of the Republic of Lithuania, as well as the status of deputies and municipal councils, shall be in force until the elected Seimas decides otherwise.

 

Article 4

 

The powers of the Supreme Council of the Republic of Lithuania and its deputies shall cease from the moment when the elected Seimas of the Republic of Lithuania convenes for its first sitting.

The Members of the Seimas of the Republic of Lithuania shall convene for the sitting on the third working day after the official announcement by the Central Electoral Commission, following both election rounds, that not less than 3/5 of all the Members of the Seimas have been elected.

 

Article 5


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Article 5

 

The following text of the oath for a Member of the Seimas of the Republic of Lithuania shall be established:

“I (full name),

swear to be faithful to the Republic of Lithuania;

swear to respect and uphold its Constitution and laws and to protect the integrity of its lands;

swear to strengthen, to the best of my ability, the independence of Lithuania, and to conscientiously serve my Homeland, democracy, and the welfare of the people of Lithuania.

So help me God.”

The oath may also be taken by omitting the last sentence.

 

Article 6

 

During the period when there is still no President of the Republic, the legal situation shall be equivalent to the situation provided for in Article 89 of the Constitution of the Republic of Lithuania.

When necessary, the Seimas may, by a majority vote of more than half of all the Members of the Seimas, extend the terms provided for in Article 89, but for no longer than a four-month period.

 

Article 7


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Article 7

 

The justices of the Constitutional Court of the Republic of Lithuania and, from among them, the President of the Constitutional Court must be appointed not later than one month after the election of the President of the Republic.

When the justices of the Constitutional Court are appointed for the first time, three of them shall be appointed for a three-, three for a six-, and three for a nine-year term.

The President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court, when proposing candidates to be appointed as justices of the Constitutional Court, shall indicate who of them should be appointed for a three-, who for a six-, and who for a nine-year term.

The justices of the Constitutional Court who will be appointed for three- or six-year terms may hold the same office for one more term of office after an interval of not less than three years.

 

Article 8

 

The provisions of the third paragraph of Article 20 of the Constitution of the Republic of Lithuania shall become applicable after the laws of the Republic of Lithuania on criminal procedure have been brought in line with this Constitution.

 

CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 6 November 1992

 

 

 

THE CONSTITUTIONAL ACT OF THE REPUBLIC OF LITHUANIA ON MEMBERSHIP OF THE REPUBLIC OF LITHUANIA IN THE EUROPEAN UNION


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The Seimas of the Republic of Lithuania,

executing the will of the citizens of the Republic of Lithuania, as expressed in the referendum on membership of the Republic of Lithuania in the European Union, held on 10-11 May 2003,

expressing its conviction that the European Union respects human rights and fundamental freedoms and that Lithuanian membership in the European Union will contribute to the more efficient securing of human rights and freedoms,

noting that the European Union respects the national identity and constitutional traditions of its Member States,

seeking to ensure the fully fledged participation of the Republic of Lithuania in the European integration, as well as the security of the Republic of Lithuania and welfare of its citizens,

having ratified, on 16 September 2003, the Treaty Between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic Concerning the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic to the European Union, signed on 16 April 2003 in Athens,

adopts and proclaims this Constitutional Act:


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1. The Republic of Lithuania as a Member State of the European Union shall share with or confer on the European Union the competences of its state institutions in the areas provided for in the founding Treaties of the European Union and to the extent it would, together with the other Member States of the European Union, jointly meet its membership commitments in those areas, as well as enjoy membership rights.

2. The norms of European Union law shall be a constituent part of the legal system of the Republic of Lithuania. Where it concerns the founding Treaties of the European Union, the norms of European Union law shall be applied directly, while in the event of the collision of legal norms, they shall have supremacy over the laws and other legal acts of the Republic of Lithuania.

3. The Government shall inform the Seimas about the proposals to adopt the acts of European Union law. As regards the proposals to adopt the acts of European Union law regulating the areas that, under the Constitution of the Republic of Lithuania, are related to the competences of the Seimas, the Government shall consult the Seimas. The Seimas may recommend to the Government a position of the Republic of Lithuania in respect of these proposals. The Seimas Committee on European Affairs and the Seimas Committee on Foreign Affairs may, according to the procedure established by the Statute of the Seimas, submit to the Government the opinion of the Seimas concerning the proposals to adopt the acts of European Union law. The Government shall assess the recommendations or opinions submitted by the Seimas or its Committees and shall inform the Seimas about their execution following the procedure established by legal acts.

4. The Government shall consider the proposals to adopt the acts of European Union law following the procedure established by legal acts. As regards these proposals, the Government may adopt decisions or resolutions for the adoption of which the provisions of Article 95 of the Constitution are not applicable.


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The Law Supplementing the Constitution of the Republic of Lithuania with the Constitutional Act “On Membership of the Republic of Lithuania in the European Union” and Supplementing Article 150 of the Constitution of the Republic of Lithuania (No. IX-2343) of 13 July 2004,

Valstybės žinios (Official Gazette), 2004, No. 111-4123


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Consolidated version valid as of 1 February 2022


REPUBLIC OF LITHUANIA
LAW
ON APPROVAL, ENTRY INTO FORCE AND IMPLEMENTATION OF THE CODE OF CRIMINAL PROCEDURE


14 March 2002  No IX-785
Vilnius

Article 1. Approval of the Code of Criminal Procedure of the Republic of Lithuania
The Seimas hereby approves the Code of Criminal Procedure of the Republic of Lithuania.

Article 2. Entry into force of the Code of Criminal Procedure of the Republic of Lithuania
The date of entry into force of the Code of Criminal Procedure of the Republic of Lithuania shall be set by a separate law.

Article 3. Procedure for implementing the Code of Criminal Procedure of the Republic of Lithuania
The procedure for implementing the Code of Criminal Procedure of the Republic of Lithuania shall be laid down by a separate law.

I promulgate this Law passed by the Seimas of the Republic of Lithuania. 




PRESIDENT OF THE REPUBLIC 	VALDAS ADAMKUS
APPROVED BY
Law No IX-785
of 14 March 2002


REPUBLIC OF LITHUANIA 
CODE OF CRIMINAL PROCEDURE 



PART I
GENERAL PROVISIONS

CHAPTER I
PURPOSE OF CRIMINAL PROCEDURE AND THE MAIN RULES

Article 1. Purpose of criminal procedure


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1. The purpose of criminal procedure shall be, while defending human and citizens’ rights and freedoms, the interests of the public and the State, to detect criminal acts promptly and comprehensively and to apply a law correctly so that the perpetrator of a criminal act is justly punished and no innocent person is convicted.
2. The rules of criminal procedure have been harmonised with provisions of the legal acts of the European Union listed in the Annex to the Code of Criminal Procedure of the Republic of Lithuania.
3. In implementing international treaties of the Republic of Lithuania or legal acts of the European Union, other laws of the Republic of Lithuania may also stipulate other rules for hearing cases, taking and executing decisions or other procedural rules than provided for in this Code. 

Article 2. Duty to detect criminal acts 
A prosecutor and pre-trial investigation bodies must, in each case when elements of a criminal act transpire, take all measures within their remit as provided for by laws in order to conduct an investigation and to detect the criminal act in the shortest possible time.

Article 3. Circumstances precluding criminal proceedings
1. Criminal proceedings may not be opened, and criminal proceedings already opened must be terminated:


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1) if an act having elements of a crime or a misdemeanour was not committed;
2) if the limitation period for the passing of a judgment of conviction has expired;
3) in respect of a person who, at the moment of commission of a criminal act, was not of the age at which he would become liable under the criminal law;
4) in the absence of a complaint of a victim or a motion of his legal representative or a prosecutor’s demand to open proceedings in the cases when proceedings may be opened solely upon receipt of a complaint of a victim or a motion of his legal representative or a prosecutor’s demand;
5) in respect of a deceased person, with the exception of the cases when the proceedings are necessary for rehabilitation of the deceased person or for reopening of a case of other persons due to transpiration of new circumstances;
6) in respect of a person subject to a final court judgment over the same charges or a court ruling or a prosecutor’s decision to terminate the proceedings on the same ground;
7) in the presence of the circumstance eliminating criminal liability as provided for in Chapter V of the Criminal Code of the Republic of Lithuania;
8) a person in respect whereof prosecution has been refused on the grounds laid down in the Law of the Republic of Lithuania on the Prevention of Organised Crime.
2. If the circumstance referred to in point 1 of paragraph 1 of this Article transpires during the hearing of a case in court, the court shall conclude the hearing of the case and shall pass a judgment of acquittal.
3. If the circumstance referred to in point 2 of paragraph 1 of this Article transpires after the referral of a case to court or during the hearing of a case in court and an accused person requests the continuation of the criminal proceedings, the court shall conclude the hearing of the case and shall, by a judgment, dismiss the case or pass a judgment of


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the hearing of the case and shall, by a judgment, dismiss the case or pass a judgment of acquittal.  

Article 31. Suspension of a pre-trial investigation upon failing to identify the perpetrator of a criminal act


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1. Where, during a pre-trial investigation, all the necessary procedural actions have been performed and all possibilities of identifying the perpetrator of a criminal act have been exhausted, but such a person has not been identified, the pre-trial investigation may be suspended by a reasoned decision of a prosecutor. The decision of the prosecutor to suspend the pre-trial investigation may, within seven days from the service of a transcript of the decision on a victim or on his representative, be appealed against in accordance with the procedure provided for in Article 63 of this Code.
2. If the grounds provided for in paragraph 1 of this Article have disappeared, the pre-trial investigation shall be reopened without a separate decision by performing at least one procedural action. 
3. Requests of parties to proceedings for the performance of the actions provided for in Chapters XII and XIV of this Code shall be resolved in accordance with the procedure laid down in Article 178 of this Code.

Article 32. Specific features of criminal proceedings against a person who, according to laws of the Republic of Lithuania or under international law, enjoys immunity from criminal liability


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1. The perpetrator of a criminal act who may be prosecuted only with the permission of a competent authority or who enjoys immunity from criminal jurisdiction under international law may be subject to criminal proceedings but may not be given a notice of suspicion, may not be questioned as a suspect or recognised as a suspect, may not be placed on remand or may not be subject to other restrictions of his liberty. Other procedural coercive measures shall apply to this person to the extent that it is not prohibited by laws of the Republic of Lithuania or under international law.
2. Where, after all non-prohibited procedural actions have been performed, a competent authority’s permission to prosecute a person is not received or the person enjoys immunity from criminal jurisdiction, the criminal proceedings must be terminated. The criminal proceedings may be reopened where the competent authority’s permission to prosecute the person is received or he otherwise loses the immunity referred to in this Article or it is necessary to conduct the procedural actions which are not prohibited by laws of the Republic of Lithuania or under international law.

Article 4. Period and territory of validity of the Code of Criminal Procedure of the Republic of Lithuania
1. The procedure for the conduct of proceedings shall be established by the Code of Criminal Procedure of the Republic of Lithuania in force at the time of performance of procedural actions.
2. Regardless of the place of commission of a criminal act, the criminal proceedings taking place within the territory of the Republic of Lithuania shall be conducted in accordance with the Code of Criminal Procedure of the Republic of Lithuania.
3. Where an international treaty of the Republic of Lithuania lays down rules other than those laid down by this Code, the rules laid down by the international treaty shall prevail. 

Article 5. Application of the Code of Criminal Procedure of the Republic of Lithuania to foreign nationals and stateless persons


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1. The proceedings taking place within the territory of the Republic of Lithuania in respect of the criminal acts committed by foreign nationals and stateless persons shall be conducted in accordance with the Code of Criminal Procedure of the Republic of Lithuania.
2. The issue of criminal liability of the persons who enjoy immunity from criminal jurisdiction under international law and have committed a criminal act within the territory of the Republic of Lithuania shall be decided in accordance with international treaties of the Republic of Lithuania and the Criminal Code of the Republic of Lithuania.
3. The persons who enjoy immunity from criminal jurisdiction under international law may not be detained or placed on remand. The procedural actions provided for in this Code may be performed in respect of such persons only with their consent or at their request. The consent of such persons shall be obtained via the Ministry of Foreign Affairs of the Republic of Lithuania.

Article 6. Justice to be administered solely by courts
1. Criminal cases shall be heard solely by courts.
2. Justice in criminal cases shall be administered in accordance with the principle that all persons are equal before the law and court regardless of their origin, social and property status, nationality, race, sex, education, language, religious or political views, type and nature of activity, place of residence and other circumstances.
3. It shall be prohibited to grant anyone privileges or to impose restrictions due to any circumstances and by virtue of an individual’s personal qualities, social and property status.

Article 7. Hearing of cases in compliance with the adversarial principle


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1. Cases shall be heard in court in compliance with the adversarial principle.
2. The prosecution and the defence shall, during the hearing of cases in court, have equal rights to adduce evidence, to participate in the examination of evidence, to submit requests, to challenge the arguments of the other party and to make known their views on all issues that arise in the course of hearing of a case and are relevant to its just resolution.

Article 8. Language of proceedings


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1. The criminal proceedings taking place in the Republic of Lithuania shall be conducted in the state language.
2. A pre-trial investigation officer, a prosecutor or a court must, within the shortest possible time, determine whether a party to criminal proceedings speaks the Lithuanian language and whether he must be provided with access to the services of a translator/interpreter during the criminal proceedings in order to properly exercise his rights or to understand the process of the criminal proceedings. 
3. Parties to criminal proceedings who do not speak the Lithuanian language shall be ensured the right to file motions, to give testimony and to present clarifications, to submit requests and file appeals, to speak in court in their native language or in another language that they speak. In all these cases, also when accessing the case file, the parties to the proceedings shall have the right of access to the services of a translator/interpreter in accordance with the procedure laid down by this Code.
4. A defence counsel must communicate during criminal proceedings with a suspect, an accused person, a convicted person or an acquitted person who does not speak the Lithuanian language in a language that he understands or, if this is not possible, the interpretation of their communication must be ensured. 
5. The documents of a case which, in the cases specified in this Code, are served on a suspect, an accused person or a convicted person, as well as on other parties to the proceedings must be translated into their native language or into another language that they speak. Where the suspect, the accused person, the convicted person, the acquitted person or the defence counsel of such a person and a victim or his representative does not speak the Lithuanian language, he shall have the right to submit to a pre-trial investigation officer, a prosecutor or a court a reasoned request also for translation of other relevant documents of the case, or parts thereof, which they have the right to access in accordance with the procedure laid down by


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or parts thereof, which they have the right to access in accordance with the procedure laid down by this Code into their native language or into another language that they speak. Such a request may only be submitted where the translation of these documents or parts thereof is necessary for the suspect, the accused person, the convicted person or the acquitted person to properly exercise his right of defence or to understand the process of the criminal proceedings. The victim or his representative shall have the right to submit such a request only in the cases when the translation of these documents or parts thereof is necessary to enable them to participate actively in the criminal proceedings. The request shall be considered and resolved by a reasoned decision or ruling of the pre-trial investigation officer, the prosecutor or the court not later than within five days from the receipt thereof. This decision or ruling may be appealed against in accordance with the procedure laid down by this Code.
6. A victim of a criminal act or his representative who does not speak the Lithuanian language shall be ensured the right to file a complaint or a motion regarding the criminal act in his native language or in another language that he speaks or ensured the right of access to the services of an interpreter when filing an oral complaint. 

Article 81. Processing of criminal case data and submission of procedural documents using information and electronic communications technologies


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1. During a pre-trial investigation, criminal case data shall be processed in electronic format in accordance with the procedure specified by the Minister of the Interior of the Republic of Lithuania and the Prosecutor General of the Republic of Lithuania upon coordination with the Judicial Council and the Council of the Lithuanian Bar. During a hearing in court, the criminal case data shall be processed in electronic format in accordance with the procedure specified by the Judicial Council upon coordination with the Chief Archivist of Lithuania. The Judicial Council shall, upon coordination with the Prosecutor General of the Republic of Lithuania, determine the criminal cases to be kept in electronic format during the hearing thereof in court. 
2. An electronic case file shall contain the electronic procedural documents drawn up or received during criminal proceedings. The electronic procedural documents shall bear an advanced electronic signature.
3. The written procedural documents drawn up or received during criminal proceedings may be digitised and their digital copies may be transferred to an electronic case file. A digital copy of a written procedural document must bear an advanced electronic signature of the person who has performed the digitisation of the document. Where due to the requirements of legal acts written documents cannot be digitised, they shall be stored only in written format, and a relevant entry shall be made in the electronic case file. 
4. The procedural actions performed by a pre-trial investigation officer, a prosecutor or a judge may be recorded in electronic format.
5. The procedure for serving procedural documents by electronic means during the hearing of a case in court and the format thereof shall be specified by the Minister of Justice of the Republic of Lithuania. The procedure for serving the procedural documents by electronic means during a pre-trial investigation and the format thereof shall be specified by the Minister of the Interior of the Republic of Lithuania and the Prosecutor General of the Republic of Lithuania upon coordination with the Judicial Council and the Council of the Lithuanian Bar.
6. A pre-trial investigation body, a prosecutor’s office or a


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Bar.
6. A pre-trial investigation body, a prosecutor’s office or a court shall, during a pre-trial investigation and with regard to the criminal case files kept in electronic format during the hearing of such cases in court as determined by the Judicial Council, serve procedural documents on advocates, advocates’ assistants, bailiffs, assistant bailiffs, notaries, experts, state and municipal enterprises, agencies and organisations, financial institutions and insurance undertakings by electronic means. With regard to the criminal case files which, as determined by the Judicial Council, are kept in electronic format during the hearing of such cases in court, procedural documents shall be served during the hearing in court by electronic means on the persons to whom the obligation to receive procedural documents by electronic means is stipulated by legal acts or under an agreement concluded with the data controller of a judicial information system. As regards other persons, the pre-trial investigation body, the prosecutor’s office or the court shall, during the pre-trial investigation and with regard to the criminal case files which, as determined by the Judicial Council, are kept in electronic format during the hearing of such cases in court, serve the procedural documents on such persons by electronic means if they have agreed to receive the procedural documents by electronic means and have provided the necessary contact details. These persons shall have the right to refuse to receive the procedural documents by electronic means at any stage of the criminal proceedings.
7. Pre-trial investigation bodies, a prosecutor’s office and a court shall, during a pre-trial investigation, also when examining complaints regarding the actions and decisions of a pre-trial investigation officer or a prosecutor, exchange documents in electronic format within the Integrated Information System of Penal Process. This system shall operate in compliance with the Law of the Republic of Lithuania on Management of State Information Resources and other legal acts. Upon completion of the pre-trial investigation, the criminal case files which, in accordance with the procedure specified by the Judicial


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pre-trial investigation, the criminal case files which, in accordance with the procedure specified by the Judicial Council and coordinated with the Prosecutor General of the Republic of Lithuania, are kept in electronic format during the hearing of such cases in court shall be transmitted to court by electronic means. Other criminal case files shall be transmitted to court in writing, in addition to the transmission by electronic means of the criminal case data processed in electronic format. 
8. Advocates/advocates’ assistants, other parties to proceedings and the persons subject to procedural coercive measures shall, in accordance with the procedure laid down by legal acts, have the right to submit procedural and other documents by electronic means to a court, a pre-trial investigation body and a prosecutor’s office.
9. During criminal proceedings, the persons referred to in paragraph 6 of this Article must notify a pre-trial investigation body, a prosecutor’s office or a court without delay of any change in their contact details.


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10. The day of the service of a procedural document by electronic means on a participant in the hearing of a case shall be deemed to be the working day following the dispatch of the procedural document.
11. In addition to this Code, the use of electronic case files, information and electronic communications technologies in courts shall be stipulated by the Law of the Republic of Lithuania on Courts.

Article 82. Use of information and electronic communications technologies in criminal proceedings


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1. In exceptional cases, where it is not possible to ensure the conduct of a pre-trial investigation under normal procedures laid down in this Code, procedural actions  may, provided that appropriate technical means are available, be performed during the pre-trial investigation using information and electronic communication technologies (by means of video conferencing) if there are reasonable grounds for believing that this will speed up the pre-trial investigation, except in the cases when it is necessary to apply procedural coercive measures, such as temporary detention, examination of a person, search, bringing, seizure, and to perform other procedural actions provided for in this Code which cannot be performed using information and electronic communications technologies, because, taking into account the nature of such actions and in order to fully and objectively investigate all the circumstances relevant to the investigation and to ensure the rights of parties to proceedings, the procedural actions provided for in this Code need to be performed directly. This issue shall normally be resolved by a pre-trial investigation officer, a prosecutor or a pre-trial judge before a particular procedural action is performed, not by taking a separate procedural decision, but by informing the parties in writing or orally and by noting this in a decision, a ruling or a record of the procedural action to be performed or of a court hearing. The objection of a party to the proceedings whose participation in the proceedings is necessary for the performance of procedural actions as regards the performance of a particular procedural action relating to him using information and electronic communication technologies (by means of video conferencing) shall not have suspensory effect on the performance of the procedural action using such technologies, unless the pre-trial investigation officer, the prosecutor or the pre-trial investigation judge considers such objection to be well-founded.
2. In exceptional cases, where it is not possible to ensure the hearing of cases under normal procedures laid down in this Code, the hearing of cases and the participation of parties to proceedings, witnesses, experts, professionals, interpreters and other


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of cases and the participation of parties to proceedings, witnesses, experts, professionals, interpreters and other participants in the hearing of a case may, provided that appropriate technical means are available, be ensured using information and electronic communications technologies (by means of video conferencing) where there are reasonable grounds for believing that this will speed up the hearing of the case, will not prejudice a full and objective investigation of all the circumstances of the case, and will safeguard the rights of the parties to the proceedings. The court shall normally resolve this issue by issuing a ruling prior to the hearing of the case at a court hearing. This ruling shall not be subject to appeal. The provisions of this paragraph shall not apply in cases when a prosecutor, a victim and/or his representative, an accused person, his legal representative and/or his defence counsel, a civil claimant, a civil defendant and/or their representatives object to the hearing of the case using information and electronic communications technologies (by means of video conferencing).
3. The provisions of paragraphs 1 and 2 of this Article shall also apply to the hearing of appeals against procedural actions and decisions of a pre-trial investigation officer or a prosecutor, as well as appeals received in the course of hearing of a case in court when such appeals must be heard by holding of a court hearing in accordance with the provisions of this Code.
4. If it becomes apparent in the course of a pre-trial investigation or the hearing of a case in court using information and electronic communications technologies (by means of video conferencing) that the direct presence of the parties to the proceedings, a witness, an expert, a professional, an interpreter and other participants in the hearing of the case is necessary for the performance of a particular procedural action, in order to enable them to properly exercise their procedural rights or to fully and objectively investigate the facts of the case, the performance of the procedural action or the court hearing shall be organised in the direct presence of persons called in


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performance of the procedural action or the court hearing shall be organised in the direct presence of persons called in by a pre-trial investigation officer, a prosecutor or a court. 
5. When using the information and electronic communications technologies provided for in paragraphs 1 and 2 of this Article, a pre-trial investigation officer, a prosecutor or a court must, in accordance with the procedure specified by the Minister of Justice upon coordination with the Judicial Council, the Prosecutor General’s Office of the Republic of Lithuania and the Council of the Lithuanian Bar and in accordance with the procedure specified by the Prosecutor General of the Republic of Lithuania upon coordination with the Judicial Council and the Council of the Lithuanian Bar, ensure reliable identification of parties to proceedings, objective recording and submission of data and evidence, access to procedural rights and the hearing of the case in open court, except for the cases provided for in Article 9 of this Code.
6. An audio-visual recording must be made during a pre-trial investigation or in the course of the hearing of a case in court in accordance with the procedure laid down in this Article. This recording shall be attached to a record of a procedural action or of a court hearing and shall form an integral part of the record, while procedural documents shall be served in accordance with the procedure laid down in Article 81 of this Code. 
7. A pre-trial investigation and the hearing of cases in court shall be conducted using the information and electronic communication technologies provided for in paragraphs 1 and 2 of this Article in accordance with the rules laid down in this Code and taking into account the specific features provided for in this Article. 

Article 9. Hearing of cases in open court


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1. Cases shall be heard in open court in all courts, except in the cases when this is contrary to the interests of the State, service, protection of a professional or commercial secret.
2. During a pre-trial investigation, the issues of imposition of supervision measures and other procedural coercive measures or complaints of parties to proceedings shall be heard in closed court, unless a court decides otherwise.
3. In addition to the cases referred to in paragraph 1 of this Article, it shall be possible to hear in closed court the cases concerning the criminal acts of which minors are accused or in respect of which they are recognised as victims, the cases concerning crimes and misdemeanours against the freedom of sexual self-determination and sexual inviolability, also other cases where the aim is to prevent the publication of information about the private life of parties to proceedings or where this is necessary to ensure the victim’s special protection needs, also when questioning a witness or a victim whereto anonymity is applied. 
4. Cases may be heard in closed court only under a court ruling. The ruling to hear a case in closed court may be issued for the entire hearing of the case or only for the individual parts thereof. At a closed court hearing, cases shall be heard in observance of all procedural rules.
5. A person accompanying a victim may attend a closed court hearing if permitted by a court. He must comply with the order of the court hearing. Where this person’s participation is contrary to the interests of the victim or precludes the investigation or hearing of the case, the court may remove this person from the entire court hearing or from individual parts thereof by issuing a ruling to this end. 
6. Persons under the age of 16 years, unless they are accused persons, victims or witnesses in a case, shall not be allowed to the courtroom.
7. The operative parts of the court judgments passed in closed court shall be published in all


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The operative parts of the court judgments passed in closed court shall be published in all cases.

Article 91. Publicity of a case file


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1. The file of a case whose hearing has been completed, with the exception of the file of the cases or parts thereof which were heard in closed court, shall be public and accessible to persons other than participants in the hearing of the case. This right shall be acquired by the persons other than participants in the hearing of the case when a court judgment or a court ruling concluding the proceedings becomes final or, if the case may be heard under cassation procedure, after hearing it under cassation procedure or after the expiry of a time limit for filing an appeal under cassation procedure.
2. In a judgment or a ruling concluding court proceedings, where the judgment or the ruling is rendered in open court, a court shall have the right, at the request of the participants in the hearing of the case or of its own motion, to establish by a reasoned ruling that the case file or a part thereof is non-public in the cases when it is necessary to protect the privacy of a person, his private life and home, the confidentiality of information about personal health and in other cases referred to in Article 9(3) of this Code, as well as when there are serious grounds for believing that a state, official, professional or commercial secret will be disclosed.
3. In order to access the file of a case whose hearing has been completed, a person shall submit a request in a specified format. The request format and the procedure for accessing files of cases whose hearing has been completed shall be specified by the Minister of Justice upon coordination with the Chief Archivist of Lithuania.
4. The right to access a case file comprising a state secret or an official secret shall be granted to the persons who have been granted this right by laws and who need to access such information for the performance of their duties.

Article 10. Ensuring of the right of a suspect, an accused person and a convicted person to defence


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1. A suspect, an accused person and a convicted person shall have the right to defence. This right shall be ensured to them without delay from the time of detention or the first questioning. 
2. A court, a prosecutor and a pre-trial investigation officer must ensure that a suspect, an accused person and a convicted person have the possibility, by the means and in the manner specified by law, to defend themselves against suspicions and charges and to take the measures necessary to ensure the safeguarding of their personal and property rights.

Article 11. Compliance with the principle of proportionality in applying procedural coercive measures and performing investigative actions


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1. Procedural coercive measures must be applied only in the cases when the required objectives of proceedings cannot be achieved without them. The application of any procedural coercive measure must be discontinued without delay after it becomes unnecessary.
2. When applying procedural coercive measures and performing the investigative actions provided for in this Code, it shall be prohibited to use violence, threats, to perform the actions that undermine human dignity and are harmful to health. The use of physical force shall be allowed only to the extent that is necessary to eliminate hindrances to the performance of a procedural action.

Article 111. Submission of procedural documents
Procedural documents to be submitted under this Code may be submitted to a district court composed of court chambers in any of the chambers of that court, with the exception of procedural documents submitted during the hearing of a case in court. During the hearing of the case in court, the procedural documents shall be submitted to a district court whose judge or judges are hearing the case or, where the district court is composed of chambers, to the chambers of the court whereto the judge or judges hearing the case are assigned. 

CHAPTER II
DEFINITIONS

Article 12. Appellate instance
An appellate instance shall be the Court of Appeal of Lithuania and a regional court, where these courts hear appeals against non-final judgments and rulings of courts of first instance.

Article 13. Appeal
An appeal shall be a complaint filed in accordance with the procedure laid down by law against a non-final judgment or ruling rendered when hearing a case before a court of first instance.

Article 14. Appellant
An appellant shall be a person who has filed an appeal.

Article 15. Close relatives
Close relatives shall be the persons referred to in Article 248(1) of the Criminal Code of the Republic of Lithuania.

Article 16. Higher court
A higher court shall be a court which considers and decides on issues concerning rulings of


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Higher court
A higher court shall be a court which considers and decides on issues concerning rulings of a lower court in accordance with the special procedure laid down in this Code. A higher court in respect of rulings of a district court shall be a regional court and, in respect of rulings of a regional court, the Court of Appeal of Lithuania.

Article 17. Defence counsel


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1. A defence counsel shall be a person who, in accordance with the procedure laid down by law, provides legal aid to a suspect, an accused person, a convicted person or an acquitted person and defends their rights and legitimate interests.
2. A defence counsel may be an advocate and, under the conditions provided for by law, an advocate’s assistant.

Article 171. European arrest warrant
1. The European arrest warrant shall be a decision by a judicial authority of a Member State of the European Union obliging another Member State of the European Union to arrest and surrender a person referred to in this decision for the purposes of conducting a prosecution against the person or executing a sentence involving deprivation of liberty imposed upon him, in accordance with the requirements as to form and content set out in Article 8(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. 
2. A decision referred to in paragraph 1 of this Article transmitted by facsimile or any other electronic communications terminals, provided that the integrity and authenticity of the information thus transmitted are ensured, shall also be recognised as the European arrest warrant.

Article 172. Financial penalty imposed by the competent authority of a Member State of the European Union
A financial penalty sanction imposed by a competent authority of a Member State of the European Union shall be the obligation, as imposed on a natural or legal person in respect of a committed criminal act under a decision made by a court or another competent authority of a Member State of the European Union, to pay:


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1) a sum of money (fine) imposed in the decision;
2) compensation, as imposed in the decision, for the benefit of a victim where the victim may not be a civil party to criminal proceedings for compensation for the damage caused by the criminal act, and the court awarded such compensation in the exercise of the criminal jurisdiction assigned thereto; 
3) a sum of money in respect of the costs of the proceedings;
4) a sum of money (contribution), as imposed in the decision, to a public fund or to a victim support organisation.

   Article 173. No longer effective from 19 December 2020.

Article 174. European Public Prosecutor’s Office


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1. The European Public Prosecutor’s Office shall be a prosecuting body of the European Union which conducts, organises and controls the investigation of criminal acts and carries out the prosecution of persons within the competence laid down in Regulation (EU) 2017/1939. 
2. The European Public Prosecutor’s Office shall participate in criminal proceedings when investigating and prosecuting criminal acts within its competence through a European Delegated Prosecutor and a European Prosecutor acting on behalf of the European Public Prosecutor’s Office on the territory of the Republic of Lithuania.
3. The Permanent Chamber of the European Public Prosecutor’s Office shall, in accordance with the rules laid down in Regulation (EU) 2017/1939, take the decisions referred to in this Regulation regarding investigations and prosecutions conducted by a European Delegated Prosecutor, issue binding instructions to the European Delegated Prosecutor or transfer its decision-making powers to a European Prosecutor supervising pre-trial investigations and prosecutions.
4. A European Delegated Prosecutor and a European Prosecutor shall, during a pre-trial investigation and prosecution in courts, perform the functions of a prosecutor and take decisions in accordance with the rules of criminal procedure laid down in Regulation (EU) 2017/1939 and this Code. 

Article 18. Pre-trial investigation officer


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1. A pre-trial investigation officer shall be a person working at a pre-trial investigation body who, on an assignment of the head of this body or a division thereof or the persons authorised by them, performs pre-trial investigation actions provided for by this Code, namely, seeks to identify the perpetrator of a criminal act and the circumstances of commission of such an act.
2. The head of a pre-trial investigation body or a division thereof shall be a pre-trial investigation officer responsible for organising and controlling the activities of officers, being subordinate to him, of the body or the division thereof whose main or one of the functions is to conduct a pre-trial investigation.

Article 19. Pre-trial investigation judge
A pre-trial investigation judge shall be a judge of a district court appointed by the chair of the district court to perform procedural actions provided for by law and to take decisions.

Article 20. Evidence
1. Evidence in criminal proceedings shall be the data obtained in accordance with the procedure laid down by law.
2. A judge or a court handling a case shall decide, on a case-by-case basis, whether the received data should be considered as evidence.
3. Only the data which confirm or deny at least one circumstance relevant to the just resolution of a case may be used as evidence.
4. Only the data obtained by lawful means which may be verified by procedural actions provided for in this Code may be used as evidence.
5. Judges shall weigh evidence on the basis of their inner conviction based on a full and impartial examination of all the facts of the case in accordance with law.

Article 21. Suspect


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1. A suspect shall be a participant in a pre-trial investigation.
2. A suspect shall be a person detained on suspicion of having committed a criminal act, or a person being questioned about the act of which he is suspected, or a person summoned to a questioning to whom a notice of suspicion as provided for in Article 187 of this Code has been issued.
3. Where a person goes into hiding or his whereabouts are unknown, he shall be recognised as a suspect by a decision of a prosecutor or a ruling of a pre-trial investigation judge or, in urgent cases, by a decision of a pre-trial investigation officer.
4. A suspect shall have the right: to be informed of the state of criminal proceedings concerning him, to know suspicions against him; to have a defence counsel from the moment of detention or the first questioning; to have access to interpretation and translation; to have consular authorities and one person informed; to have access to urgent medical assistance; to know the maximum number of hours or days he may be deprived of liberty before being brought before a judicial authority; to give testimony; to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him; to submit documents and objects relevant to the investigation; to submit requests; to file motions for challenge; to have access to the materials of the pre-trial investigation; to appeal against the actions and decisions of a pre-trial investigation officer, a prosecutor or a pre-trial investigation judge; to be accompanied by a legal representative at court hearings and during other procedural actions, also the right to protection of privacy where the suspect is a minor.

Article 22. Accused person


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1. An accused person shall be a participant in the hearing of a case in court.
2. An accused person shall be a person in respect of whom an indictment has been issued by a prosecutor in accordance with the procedure laid down in this Code or a prosecutor’s motion for a person’s punishment by issuing a penal order, also a person against whom a case is being heard in court under the accelerated procedure.
3. An accused person shall have the right: to be informed of the state of criminal proceedings concerning him, to know his charges and to obtain a transcript of an indictment; to have access to the case file in court; to make, in accordance with the prescribed procedure, extracts from or transcripts of the required documents; to have a defence counsel; to have access to interpretation and translation; to have consular authorities and one person informed; to have access to urgent medical assistance; to submit requests; to file motions for challenge; to adduce evidence and participate in its examination; to give testimony and ask questions during the hearing in court; to provide clarifications about the circumstances of the case under investigation by the court and to present his opinion on the requests submitted by other participants in the hearing in court; to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him; to participate in closing speeches in the absence of a defence counsel; to appeal to court with the final plea; to appeal against the court’s judgment and rulings; to be accompanied by a legal representative at court hearings and during other procedural actions, also the right to protection of privacy where the accused is a minor.
4. An accused person in respect whereof a judgment of conviction was passed shall become a convicted person and an accused person in respect whereof a judgment of acquittal was passed shall become an acquitted person.

Article 23. Indictment
An indictment shall be a document, as adopted by a prosecutor, which


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23. Indictment
An indictment shall be a document, as adopted by a prosecutor, which concludes a pre-trial investigation, describes a criminal act, indicates the data on which the charge is based and a criminal law providing for that act.

Article 24. Cassation instance
The Supreme Court of Lithuania shall be the court of cassation. It shall hear cases of appeals against final judgments or rulings.

Article 25. Appeal in cassation
An appeal in cassation shall be an appeal filed in accordance with the procedure laid down by law against a final judgment or ruling.

Article 26. Appellant in cassation
An appellant in cassation shall be a person who has filed an appeal in cassation.

Article 27. Night time
Night time shall be the time of day from 10 p.m. to 6 a.m.

Article 271. Minor


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1. A minor shall be a natural person who, at the time of performance of a procedural action, is under the age of 18 years. 
2. If the age of a natural person raises doubts as to whether he is of full age, he shall be considered a minor until determination of his age.
3. If a minor reaches the age of majority before completion of criminal proceedings, one or more guarantees laid down for minors in this Code may continue to apply to him by a decision of a prosecutor or by a court ruling in addition to the rules for the imposition of remand laid down in Article 127 of this Code. 

Article 272. Individual assessment of a minor
Individual assessment of a minor suspect or a minor accused person shall mean generalisation of information about the personality of the minor suspect or the minor accused person, his environment and needs in the areas of protection, education and social integration, as performed by a state institution for the protection of the rights of the child or a custodial facilities wherein the minor is held.

Article 28. Victim


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1. A victim shall be a natural person who has suffered physical, material or non-material damage as a result of a criminal act or a family member or close relative of a natural person deceased as a result of the criminal act who has suffered physical, material or non-material damage as a result of the person’s death. A person shall be recognised as a victim by a decision of a pre-trial investigation officer or a prosecutor or by a court ruling.
2. A victim and his representative shall have the right: to be informed of the state of criminal proceedings concerning him; to give testimony; to submit requests; to file motions for challenge; to participate in the assessment of his special protection needs; to have access to the case file during a pre-trial investigation and in court; to participate in the hearing of the case in court; to appeal against the actions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge and a court, also to appeal against a court judgment or a ruling; to deliver a closing speech. The victim shall also have the right to refuse to be informed of the status of the criminal proceedings concerning him, unless such refusal would prejudice the rights of a suspect or an accused person.
3. A victim must give testimony. He shall take an oath and be liable for false testimony as a witness.

Article 29. Judgment


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1. A judgment shall be: a document adopted at a court hearing by a court of first instance whereby an accused person is found guilty or innocent and, if the accused person is found guilty, a penalty is imposed on him or he is released from a penalty; a document whereby an appellate court amends or annuls a judgment of a court of first instance; a document whereby a court of first instance or an appellate court dismisses the case.
2. A penal order of a court shall also be considered to be a judgment.

Article 30. Decision
A decision shall be a reasoned document of a pre-trial investigation officer or a prosecutor investigating a criminal act, with the exception of an indictment.

Article 31. Ruling
A ruling shall be a decision taken by a judge or a court in a criminal case, with the exception of a judgment and a penal order of the court.

Article 32. Court of first instance
A court of first instance shall be a district court or a regional court which passes a judgment in a case, with the exception of a regional court competent to hear a case under appeal procedure.

Article 33. Oath


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1. An oath shall be a solemn pledge given to a court to tell the truth, to present a correct conclusion or to interpret correctly.
2. A witness, a victim, an expert, a professional and an interpreter shall take an oath in court in the words prescribed by law.

   Article 34. No longer effective from 1 October 2017.

Article 35. Prosecutor
A prosecutor shall be the Prosecutor General of the Republic of Lithuania and the prosecutors subordinate thereto as well as a European Delegated Prosecutor and a European Prosecutor acting in the Republic of Lithuania on behalf of the European Public Prosecutor’s Office and participating in criminal proceedings within their competence. 

Article 36. Record
A record shall be a document confirming, in accordance with the procedure laid down by this Code, the fact of the conduct of a pre-trial investigation or the performance of a court’s actions, their content and results.

Article 361. Social investigation report
A social investigation report shall be a document drawn up by a professional and describing the social environment of an accused person or a convicted person, criminogenic factors, also providing other information helping a court individualise the conditions of probation.

Article 362. Special protection needs
Special protection needs shall be the needs of a victim, based on his personal characteristics, the nature of a criminal act or the circumstances of commission thereof, regarding access to the guarantees stipulated in this Code in order to protect the victim from mental trauma, criminal influence or other negative consequences.

Article 37. Compelling reasons for a person’s non-participation in criminal proceedings
1. The following shall be considered as compelling reasons for a person’s non-participation in criminal proceedings:


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1) deprivation of liberty for the purposes of detention, remand or serving of a sentence;
2) loss of communications due to an epidemic, an attack of an enemy, an exceptionally large flood or similar force majeure;
3) departure on a long-distance voyage;
4) unexpected loss of the summoned person’s major assets;
5) an illness that prevents the person from appearing under the summons, as confirmed by a certificate in the form specified by the Minister of Health addressed to a pre-trial investigation body, a prosecutor or a court;
6) death of family members or close relatives or their acute life-threatening condition;
7) non-receipt of a summons or late receipt thereof.
2. By a decision of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court, another reason for a person’s non-participation may also be recognised as a compelling reason for non-participation.
3. As a rule, a representative’s and defence counsel’s engagement in another case shall not be considered as a compelling reason for non-participation in criminal proceedings.

Article 38. Family members
The family members of a person shall be the parents/adoptive parents, children/adopted children, brothers, sisters and their spouses residing together with that person, the spouse of the person or the person with whom the person is cohabiting without registering a marriage or the person with whom that person agreed to enter into marriage in accordance with the procedure laid down by the Civil Code of the Republic of Lithuania, as well as the parents, dependants or former spouses of the spouse.

Article 39. Judge
A judge shall be the President of the Supreme Court of Lithuania, the chair of a division of the Supreme Court of Lithuania, a justice of the Supreme Court of Lithuania; the President of the Court of Appeal of


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of Lithuania, a justice of the Supreme Court of Lithuania; the President of the Court of Appeal of Lithuania, the chair of a division of the Court of Appeal of Lithuania, a judge of the Court of Appeal of Lithuania; the chair of a regional court, the chair of a division of the regional court, a judge of the regional court; the chair of a district court, the deputy chair of the district court, a judge of the district court.

Article 40. Court


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1. Courts shall be the Supreme Court of Lithuania, the Court of Appeal of Lithuania, a regional court, and a district court.
2. A court shall be: a judge of a district court or a judicial panel of a district court, a judge of a regional court or a judicial panel of the criminal division of a regional court, a judge of the Court of Appeal of Lithuania or a judicial panel of the Criminal Division of this court, a mixed judicial panel of three judges of the criminal division and the civil division of a regional court or the Court of Appeal of Lithuania, a judicial panel of three justices or an extended judicial panel of seven justices of the Criminal Division of the Supreme Court of Lithuania or a plenary session of the Criminal Division of the Supreme Court of Lithuania, or a mixed judicial panel of three justices or an extended judicial panel of seven justices of the Criminal Division and the Civil Division of the Supreme Court of Lithuania, or a plenary session of the Supreme Court of Lithuania considering and taking decisions on the issues provided for in this Code. Cases shall be assigned to judges/justices and judicial panels shall be formed in accordance with the established procedure for the assignment of cases and the formation of judicial panels.
3. A district court may be composed of territorial subdivisions, namely, chambers of the district court. 

Article 41. Court’s penal order
A court’s penal order shall be a judgment passed by the court without hearing a case in court.

  Article 411. No longer effective from 15 June 2017.

  Article 42. Public prosecution
Public prosecution shall be a prosecutor’s activities whereby he proves that a person charged with the commission of a criminal act is guilty.

Article 43. Interpreter
An interpreter shall be a person who is competent in the languages required for interpretation or understands the signs of a mute or deaf person and who has been called in by a pre-trial investigation officer, a


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a mute or deaf person and who has been called in by a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court to participate in proceedings in accordance with the procedure laid down by this Code. The interpreter may participate in the proceedings if his participation is ensured by audiovisual transmission, except where direct presence of the interpreter is necessary in order for a party to the proceedings to properly exercise his rights or to understand the process of criminal proceedings.

CHAPTER III
ENSURING OF RIGHTS OF PARTIES TO PROCEEDINGS

SECTION ONE
GROUNDS FOR ENSURING INDIVIDUAL RIGHTS

Article 44. Safeguarding of individual rights during criminal proceedings


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1. No person may be deprived of his liberty save in the cases provided for in this Code and in accordance with the established procedure.
2. Every detained or remanded person must be informed promptly, in a language which he understands, of the reasons for his detention or placement on remand.
3. Every detained or remanded person shall have the right to refer to court for complaining about wrongful detention or placement on remand.
4. Every person who has been wrongfully detained or placed on remand shall have the right to compensation in accordance with the procedure laid down by law.
5. Every person accused of the commission of a criminal act shall have the right to a fair and public hearing of his case within the shortest possible time by an independent and impartial court.
6. Every person suspected or accused of the commission of a criminal act shall be presumed innocent until proved guilty according to the procedure laid down by this Code and recognised as such by a final court judgment. All doubts and/or uncertainties regarding the guilt of the person charged with the commission of a criminal act or other circumstances relevant to the just resolution of the case which, having exhausted all possibilities of procedural actions, cannot be eliminated in the course of criminal proceedings shall be assessed for the benefit of the person charged with the commission of the criminal act. 
7. Every person suspected or accused of the commission of a criminal act shall have the right to be informed promptly, in a language which he understands and in detail, of the nature and cause of the charge against him, to have adequate time and facilities for the preparation of his defence, to question or to request questioning of witnesses, to have the free assistance of an interpreter if he does not understand or speak the Lithuanian language.
8. Every person suspected or accused of the commission of a criminal act may defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, must be


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of his own choosing or, if he has not sufficient means to pay for legal assistance, must be given it free in accordance with the procedure laid down by the law regulating the provision of state-guaranteed legal aid. It shall be prohibited to control the communication between a suspect, an accused person, a convicted person, an acquitted person and their defence counsel, namely, meetings, correspondence, telephone conversations or other forms of communication. 
9. Every person shall have the right to respect for private and family life, home, correspondence, telephone conversations, telegraph messages and other communication. These personal rights may be restricted in the course of criminal proceedings in the cases and in accordance with the procedure provided for in this Code.


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10. Every victim of a criminal act shall have the right to request that the perpetrator of the criminal act be identified and justly punished, to be paid compensation for the damage caused by the criminal act and, in the cases provided for by law, also compensation from the Crime Victims Fund, also receive state-guaranteed legal aid free of charge according to the procedure laid down by law.
11. A pre-trial investigation officer or a prosecutor must take measures to prevent the application of procedural coercive measures, namely, personal examination, search, personal search, bringing in, seizure, also to ensure that a person is not detained or placed on remand in the presence of a minor, with the exception of the cases when the minor himself is suspected of having committed a criminal act. If the procedural coercive measures referred to in this paragraph have been applied in the presence of the minor, the pre-trial investigation officer or the prosecutor shall inform a state child rights protection institution without delay.

Article 45. Duty to instruct parties to proceedings as to their rights and to ensure them
A judge, a prosecutor and a pre-trial investigation officer must instruct parties to proceedings as to their procedural rights and ensure their ability to exercise such rights.

Article 46. Duty of a pre-trial investigation officer, a prosecutor and a judge to instruct a person as to the procedure for reinstating violated rights and compensating for damage caused by unlawful actions


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1. When criminal proceedings are terminated due to the absence of elements of a crime or a misdemeanour but a person was placed on remand, also when a judgment of acquittal is passed, a prosecutor and a judge must instruct the person as to the procedure for reinstating the rights violated by the unlawful detention, remand or conviction and for compensating for damage.
2. If a person recognised as a victim suffered damage due to a violent crime, a pre-trial investigation officer or a prosecutor must, immediately after recognising the person as a victim, instruct him as to the right to seek compensation in accordance with the Law of the Republic of Lithuania on the Compensation for Damage Caused by Violent Crimes.

SECTION TWO
DEFENCE

Article 47. Defence counsel
1. A defence counsel shall be advocates. The same advocate may not be the defence counsel of two or more persons if the defence interests of one of them are in conflict with the other person’s defence interests.
2. An advocate’s assistant may be assigned by an advocate to act as a defence counsel, unless the defendant objects thereto. The advocate’s assistant may not act as a defence counsel when hearing in court a case of a serious or grave crime.
3. One person may have several defence counsels. In the cases when a suspect or an accused person has several defence counsels and at least one of them appears to participate in proceedings, the proceedings may take place.

Article 48. Rights and duties of a defence counsel
1. A defence counsel shall have the right:


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1. A defence counsel shall have the right:
1) to access a record of a suspect’s detention and a European arrest warrant;
2) to participate in the questioning of a suspect or an accused person, also to meet in private with the suspect or the accused person before the questioning or before a court hearing;
3) to communicate with a suspect or an accused person and to meet with them in private without hindrance. The number and duration of meetings with a detained or remanded suspect or accused person shall not be limited;
4) to participate in the actions performed with a suspect or an accused person, also in the actions performed at the request of the suspect or the accused person or their defence counsel;
5) to participate in any other evidence collection actions if permitted by a pre-trial investigation officer, a prosecutor or a judge;
6) to ask questions, to request clarifications and to file motions when performing the actions indicated in points 2, 4 and 5 of this paragraph;
7) to independently collect the data necessary for defence which the defence counsel can obtain without resorting to procedural coercive measures: to obtain the documents and objects necessary for defence from undertakings, institutions and organisations and persons, to speak with persons about the circumstances of an incident known to them, to inspect and to photograph the place of the incident, vehicles or to otherwise record the information necessary for defence;
8) to access, during a pre-trial investigation, documents of procedural actions in the cases and in accordance with the procedure laid down by this Code;
9) to submit requests and to file motions for challenge;
10) to appeal, in accordance with the procedure laid down by this Code, against the actions and decisions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge and a court and to participate in court hearings concerning these appeals;


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11) to communicate with the defence counsel appointed by the State that has issued or is executing a European arrest warrant and to receive and to submit the documents and objects necessary for defence. 
2. A defence counsel must:
1) use all the means and methods of defence provided for by law in order to establish the circumstances acquitting the defendant or mitigating his liability and provide the required legal assistance to the defendant;
2) appear before a pre-trial investigation officer, a prosecutor and a court at the set time; if being unable to appear, inform the pre-trial investigation officer, the prosecutor or the court in advance of non-appearance and the reasons therefor; the defence counsel who fails to appear in the absence of compelling reasons may be subject to a fine provided for in Article 163 of this Code;
3) observe the procedure for performing procedural actions and holding court hearings as laid down by law, comply with lawful requirements of a pre-trial investigation officer, a prosecutor, a judge and a court;
4) keep professional secrets; an advocate and his assistant shall not have the right to make public the information which became known to them while exercising their duties of a defence counsel;
5) not refuse to defend a suspect, an accused person or a convicted person whom he has already committed to defend, except in the cases when the circumstances referred to in Article 61(1) of this Code transpire or when the participation of the defence counsel in several cases becomes incompatible;
6) not use unlawful means of defence.

Article 49. Challenge of a defence counsel using unlawful means of defence


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1. Where a prosecutor during a pre-trial investigation, or a court hearing a case in the course of court proceedings, establishes that a defence counsel uses unlawful means of defence, they shall have the right to challenge the defence counsel. In such a case, another defence counsel shall be called in or appointed in accordance with the procedure laid down Article 50 of this Code.
2. A defence counsel and a suspect may appeal against a prosecutor’s decision challenging the defence counsel to a pre-trial investigation judge; the latter must hear the appeal within three days. A defence counsel and an accused person may appeal against a court ruling challenging the defence counsel in accordance with the procedure laid down in Part X of this Code.

Article 50. Calling in and appointment of a defence counsel


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1. A pre-trial investigation officer, a prosecutor and a court must instruct a suspect and an accused person as to their right to defence from the moment of detention or the first questioning and enable them to exercise this right. A detained suspect shall be ensured the possibility to meet with his defence counsel in private prior to the first questioning. A record shall be drawn up regarding the request of a suspect or an accused person to have a defence counsel or his waiver of a defence counsel. 
2. A suspect, an accused person and a convicted person shall have the right to select and call in a defence counsel of their own choosing. The defence counsel may be called in on an assignment of the suspect, the accused person or the convicted person by their legal representatives or by other persons if assigned by the suspect, the accused person or the convicted person.
3. If a suspect, an accused person or a convicted person requests to ensure participation of a defence counsel and participation of the defence counsel is not necessary in accordance with Article 51 of this Code or compulsory in other cases provided for by law, a pre-trial investigation officer, a prosecutor or a court shall instruct the suspect, the accused person or the convicted person as to the procedure for exercising the right to state-guaranteed legal aid.
4. In the cases when a person is temporarily detained in accordance with the procedure laid down in Article 140 of this Code and he has not exercised the right referred to in paragraph 2 of this Article to select and call in a defence counsel, a pre-trial investigation officer or a prosecutor must appoint a defence counsel where the detainee requests to ensure participation of a defence counsel. Pursuant to this paragraph, the defence counsel shall be appointed regardless of the defendant’s wishes to have a specific advocate. The defence counsel shall be selected and appointed in accordance with the procedure laid down in Article 51(3) of this Code. 
5. In the cases when a defence counsel selected


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51(3) of this Code. 
5. In the cases when a defence counsel selected by a suspect, an accused person or a convicted person cannot participate in proceedings for more than three consecutive days, a pre-trial investigation officer, a prosecutor and a judge shall have the right to propose to the suspect, the accused person or the convicted person to call in another defence counsel or, if they fail to do so, must appoint the defence counsel. If the defence counsel selected by the suspect, the accused person or the convicted person cannot, within six hours, appear in the first questioning or a questioning concerning the validity of placement on remand, the pre-trial investigation officer, the prosecutor or a court shall have the right to propose to the suspect, the accused person or the convicted person to call in another defence counsel or, if they fail to do so, must appoint the defence counsel. According to this paragraph, the defence counsel shall be appointed regardless of the defendant’s wishes to have a specific advocate. The defence counsel shall be selected and appointed in accordance with the procedure laid down in Article 51(3) of this Code. The appointment of a new defence counsel shall not prevent the defence counsel previously selected by the person from participating in the proceedings.

Article 51. Necessary participation of a defence counsel


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1. Participation of a defence counsel shall be necessary:
1) in investigating cases concerning the acts of which a minor is suspected or accused;
2) in investigating cases concerning the blind, the deaf, the mute and other persons who cannot exercise their right of defence by reason of physical or mental impairments;
3) in the course of hearing of cases involving the persons not speaking the language of the proceedings;
4) when there are contradictions concerning the defence interests of suspects or defendants, if at least one of them has a defence counsel;
5) in the course of hearing of cases of the crimes which may be subject to a custodial life sentence;
6) in the course of hearing a case in accordance with the procedure laid down in Chapter XXXII of this Code in the absence of an accused person;
7) when deciding on imposition of remand on a suspect or an accused person, also when investigating and hearing the cases in which a suspect or an accused person is on remand;
8) when deciding on a person’s extradition or surrender to the International Criminal Court or under a European arrest order;
9) in the course of hearing of a case under the accelerated procedure;


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10) in other cases provided for by this Code.
2. A pre-trial investigation officer, a prosecutor by a reasoned decision or a court by a reasoned ruling shall have the right to recognise that the participation of a defence counsel is necessary also in other cases if, in their opinion, the rights and legitimate interests of a suspect or an accused person are not adequately defended without the assistance of a defence counsel.
3. In the cases referred to in this Article, as well as in the cases referred to in Article 50(4) and (5) of this Code, if a suspect, an accused person or a convicted person has not himself called in a defence counsel or other persons have not called in the defence counsel on his assignment or with his consent, a pre-trial investigation officer, a prosecutor or a court must instruct the suspect, the accused person or the convicted person that the costs of state-guaranteed legal aid which has been granted, incurred due to the necessity of the presence of a defence counsel and taking into account the financial situation of the suspect, accused person or convicted person, except for the cases referred to in points 1 and 2 of paragraph 1 of this Article, may be recovered to the state budget in accordance with the procedure laid down in this Code and inform the institution organising the provision of state-guaranteed legal aid or the coordinator appointed by it that a defence counsel is necessary for the suspect, the accused person or the convicted person and appoint a defence counsel selected by this institution. On rest days and holidays as well as outside the working hours of the institution organising the provision of state-guaranteed legal aid, the defence counsel shall be appointed by a pre-trial investigation officer, a prosecutor or a court on the basis of the on-call lists of advocates providing state-guaranteed legal aid in criminal cases compiled by this institution. The suspect, the accused person or the convicted person shall be notified of the appointed defence counsel without delay


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The suspect, the accused person or the convicted person shall be notified of the appointed defence counsel without delay by serving on or sending to them a transcript of the ruling or decision to appoint the defence counsel.
4. After the circumstances referred to in Article 50(4) and (5) of this Code and in paragraphs 1 or 2 of this Article due to which state-guaranteed legal aid has been granted to a suspect, an accused person or a convicted person have ceased to exist, a pre-trial investigation officer, a prosecutor by a decision or a court by a ruling shall terminate the provision of state-guaranteed legal aid. 

Article 52. Waiver of defence counsel


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1. A suspect or an accused person shall have the right to waiver of defence counsel at any stage of proceedings, except in the case provided for in Article 433 of this Code. The waiver of defence counsel shall be permitted only of the suspect’s or the accused person’s own motion. Prior to waiving his defence counsel, the suspect or the accused person must be instructed without delay in the language which he understands as to the consequences of the waiver of defence counsel, including the possibility of having a defence counsel again at any stage of the proceedings. A record shall be drawn up regarding the waiver of defence counsel. 
2. A pre-trial investigation officer, a prosecutor and a court shall not be bound by any waiver of defence counsel filed by a minor or by a person who, by reason of his physical or mental impairments, cannot exercise the right of defence himself, as well as by a person who does not speak the language of the proceedings or by a person suspected of or charged with a serious or grave crime in the cases when, due to the complexity or large volume of a case or in other cases, doubts arise as to the person’s ability to exercise his right of defence.
3. Waiver of defence counsel shall not deprive a suspect, an accused person or a convicted person of the right to have a defence counsel again at any stage of the proceedings.

SECTION THREE
REPRESENTATION

Article 53. Legal representatives


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1. Legal representatives of a suspect, an accused person, a convicted person or a victim may participate in proceedings and defend the interests of the parties to the proceedings represented by them if they are minors or have been recognised as legally incapable in accordance with the established procedure, except for the cases when this would be contrary to the interests of a minor or a legally incapable person.
2. Legal representatives may be parents, adoptive parents, guardians, curators of a minor or a legally incapable suspect, accused person, convicted person and victim or the persons authorised by an institution acting as a guardian or curator of the suspect, the accused person, the convicted person or the victim.
3. A legal representative who has submitted a written or oral request shall be allowed to participate in proceedings where a pre-trial investigation officer, a prosecutor adopts a decision and a court issues a ruling thereon. The legal representative shall, as a rule, participate in the proceedings together with the person he represents. The pre-trial investigation officer, the prosecutor may adopt a decision, and the court may issue a ruling, refusing to allow the representative to participate in the proceedings in the capacity of a representative in the cases when this would be contrary to the interests of a minor or a legally incapable person. In such a case, also where it is impossible to contact a legal representative or where his identity is unknown, a person selected by him and recognised by the pre-trial investigation officer, the prosecutor or the court as fit to be a legal representative may be a legal representative of a minor. Where the minor has not selected any other person or the person selected by him is not fit to act as a legal representative, the pre-trial investigation officer or the prosecutor, the pre-trial investigation judge or the court shall, taking into account the minor’s interests, appoint another person capable of adequately representing the minor. Where it is refused to allow a person to participate in criminal proceedings as a legal representative of a


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Where it is refused to allow a person to participate in criminal proceedings as a legal representative of a legally incapable person, the pre-trial investigation officer, the prosecutor or the court must ensure the participation of another legal representative in the proceedings. The pre-trial investigation officer, the prosecutor or the court must temporarily, pending resolution of the issue of a new legal representative, appoint as a representative any other person capable of adequately representing the interests of the minor or the legally incapable person.
4. A family member or a close relative of a person who is not recognised as legally incapable in accordance with the established procedure but who, due to his old age, disability, illness or for other compelling reasons, is unable to properly exercise the rights granted by law may, upon a written or oral request, be permitted to participate in proceedings in the capacity a legal representative by a decision of a prosecutor or by a court ruling.
5. The persons referred to in paragraph 2 of this Article may be legal representatives of a minor witness being questioned.

Article 54. Rights and duties of a legal representative


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1. A legal representative shall have the right to accompany a person represented by him throughout criminal proceedings, to participate in the performance of procedural actions involving the person represented by him and to assist this person in exercising the rights conferred by law. If the represented person is on remand, the legal representative may, if permitted by a pre-trial investigation officer, a prosecutor and a judge, meet with him. The legal representative shall also have the right to obtain information about the rights of a minor in criminal proceedings. When the circumstances referred to in Article 53(3) of this Code due to which the legal representative of a minor has been refused permission to participate in proceedings in the capacity of a representative, cease to exist, he shall also be provided with information about the rights of a minor in criminal proceedings.
2. A legal representative must, when summoned, appear before a pre-trial investigation officer, a prosecutor, a judge and a court and observe the established procedure in the course of a pre-trial investigation and hearing in court.
3. A legal representative may be questioned as a witness, also engaged in proceedings in the capacity of a civil defendant. In these cases, he shall have the rights and duties of a witness or a civil defendant.

Article 55. Authorised representatives


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1. An authorised representative of a victim, a civil claimant, a civil defendant, a witness, a bailsperson, a person whose ownership rights have been temporarily restricted or whose property has been confiscated, a person who is to be placed under the obligation to disclose confidentiality of the source of information shall be a person who provides legal assistance to these parties to proceedings and defends their rights and legitimate interests.
2. An authorised representative may be an advocate or, on an assignment of the advocate, an advocate’s assistant and, if permitted by a pre-trial investigation officer, a prosecutor or a judge, another person with higher legal education who has been authorised by a party to proceedings to represent his interests. A legal person may have as its representative the manager of the legal person or an authorised employee or an advocate.
3. An authorised representative shall be allowed to participate in proceedings where a pre-trial investigation officer or a prosecutor adopts a decision, or a court issues a ruling, on the participation of the representative. The representative may take part in the proceedings together with a person represented by him. The representative, except for a witness’ representative, may also participate in place of the person represented by him. The failure of the witness’ authorised representative to appear shall not preclude the continuation of procedural actions. The represented person may at any time refuse the representative’s services or choose another representative.
4. A pre-trial investigation officer, a prosecutor by a reasoned decision, or a court by a reasoned ruling, shall recognise that the participation of an authorised representative is necessary in cases concerning criminal acts against human health, liberty, freedom of sexual self-determination and sexual inviolability, the child and the family or morals, when these acts have caused damage to a minor, also in other cases when the minors victim’s rights and legitimate interests would not be adequately defended without the assistance of the authorised representative. In such cases, as regards the participation of


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be adequately defended without the assistance of the authorised representative. In such cases, as regards the participation of an authorised representative, provisions of Articles 51 and 52 of this Code shall apply accordingly. 
5. In cases provided for in the laws regulating the provision of state-guaranteed legal aid, a victim and a civil claimant shall have the right to receive state-guaranteed legal aid.

Article 56. Rights and duties of a representative


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1. An authorised representative shall have the same rights as a party to proceedings represented by him.
2. A victim’s representative shall have the right to participate in a questioning of the victim and in all procedural actions performed at the request of the victim.
3. An authorised representative must provide legal assistance to a person represented by him, represent his rights and legitimate interests; when summoned, appear before a pre-trial investigation officer, a prosecutor, a judge and a court; during a pre-trial investigation and hearing in court, observe the established procedure.

Article 561. Person accompanying a victim
During criminal proceedings, a victim may be accompanied by a person of his own choosing. This person must observe the established procedure during a pre-trial investigation and hearing in court. Participation of the person accompanying the victim during the criminal proceedings or individual parts thereof may be restricted by a decision of a pre-trial investigation officer or a prosecutor or by a ruling of a pre-trial investigation judge or a court if such participation is contrary to the interests of the victim or precludes the investigation or hearing of the case. 

SECTION FOUR
CHALLENGE

Article 57. Right of challenge
1. A motion for challenge may be filed by a suspect, an accused person, a convicted person, an acquitted person, a defence counsel, a prosecutor, also a victim, a civil claimant, a civil defendant or their representatives.
2. A motion for challenge may be filed against a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge, a trial clerk, an interpreter, an expert and a professional.

Article 58. Grounds for challenge
1. A person referred to in Article 57(2) of this Code may not participate in proceedings if:


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1) he is a victim, a civil claimant, a civil defendant, a family member or a relative of any of these persons, a family member or a relative of a suspect, an accused person and a convicted person or of a legal representative, a judge, a pre-trial investigation judge, a prosecutor, a pre-trial investigation officer or a defence counsel in the case in question;
2) he participated in the case in the capacity of a witness, a legal representative of a suspect, an accused person or a convicted person, a representative of a victim, a civil claimant or a civil defendant;
3) he or his family members or relatives are interested in the outcome of the case;
4) parties to the proceeding reasonably indicate other circumstances giving rise to reasonable doubts as to the impartiality of the person referred to in Article 57(2) of this Code.
2. In addition, a judge may not participate in proceedings or repeatedly hear the same case:


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1) if he participated in the proceedings in the capacity of a pre-trial investigation officer, a prosecutor or a defence counsel;
2) if he decided the issue of the suspect’s placement on remand or extension of the term of his remand, authorised the application of procedural coercive measures or heard appeals of parties to the proceedings in the same case;
3) if he passed a judgment in a court of first instance, he may not hear the same case under appeal procedure and cassation procedure, also may not retry the case in the court of first instance in the event of annulling the judgment passed by him;
4) if he adopted a decision in an appellate court, he may not hear the case under cassation procedure;
5) if he adopted a decision in a court of cassation, he may not participate in the hearing of the case under appeal procedure;
6) if he adopted a decision in an appellate court or a court of cassation, he may not retry the case in a court of first instance.
3. An interpreter, an expert and a professional may not participate in proceedings also in the cases when their incompetence transpires.
4. Previous participation in proceedings of a pre-trial investigation officer, a prosecutor, a trial clerk, an interpreter, an expert or a professional in the capacity of respectively a pre-trial investigation officer, a prosecutor, a trial clerk, an interpreter, an expert or a professional shall not represent a ground for challenge thereof.

Article 59. Challenge in court


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1. A judge, a trial clerk, an interpreter, an expert, a professional or a prosecutor must recuse himself on the grounds referred to in Article 58 of this Code. An advocate or an advocate’s assistant must recuse himself on the grounds referred to in Article 61 of this Code. On the same grounds, the persons referred to in Article 57(1) of this Code may file a motion for their challenge. The motion for challenge must be filed and reasoned until the commencement of the examination of evidence by a court. The motion for challenge may be filed at later stages of proceedings only in the cases when the person who has filed the motion for challenge becomes aware of the ground for challenge after the commencement of the examination of evidence.
2. Where a case is being heard before a judicial panel of three judges or an extended judicial panel of seven judges, the procedure for challenging a judge shall be as follows:


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1) other judges shall consider a motion for challenge filed against the judge in his absence. If the votes are divided by half, the judge shall be deemed to have been challenged;
2) the challenge of several judges or the entire judicial panel is decided by a simple majority of votes of the judicial panel hearing the case;
3) the judges against whom a motion for challenge was filed have the right to make a statement regarding the challenge;
4) the court decides on recusal or challenge in the deliberation room.
3. If a case is heard by a single judge, the challenge of the judge shall be decided by the judge himself. He shall have the right to make a statement regarding the challenge.
4. The recusal of a judge must be validated by the chair of a court, the deputy chair of the court, the chair of the criminal division of the court or a judge appointed thereby. If the chair of the court, the deputy chair of the court, the chair of the criminal division or the judge appointed thereby does not validate the recusal of the judge, the judge who has filed the unfounded motion for recusal must hear the case on the merits. 
5. The challenge of a trial clerk, an interpreter, an expert, a professional or a prosecutor shall be decided by the court hearing the case.

Article 60. Challenge during a pre-trial investigation


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1. A pre-trial investigation officer, a prosecutor, a pre-trial investigation judge, an interpreter, an expert or a professional must recuse himself on the grounds indicated in Article 58 of this Code. An advocate or an advocate’s assistant must recuse himself on the grounds referred to in Article 61 of this Code. On the same grounds, the persons referred to in Article 57(1) of this Code may file a motion for their challenge.
2. A motion for challenge must be filed and reasoned in writing.
3. The challenge of an interpreter, an expert or a professional shall be decided by a pre-trial investigation officer or a prosecutor conducting a pre-trial investigation. The challenge shall be decided within the shortest possible time. If the challenge is rejected, a decision shall be adopted and notified against signature to the person who filed a motion for challenge.
4. The challenge of a pre-trial investigation officer shall be decided by a prosecutor. The challenge of a prosecutor shall be decided by a pre-trial investigation judge. The pre-trial investigation officer or the prosecutor shall, within one day from the receipt of a motion for challenge, refer it to the relevant prosecutor or the pre-trial investigation judge. The prosecutor or the pre-trial investigation judge must resolve the issue of the filed motion for challenge within two days. If the challenge is rejected, the prosecutor shall adopt a decision, and the pre-trial investigation judge shall issue a ruling thereon. These documents shall be notified against signature to the person who filed the motion for challenge.
5. The challenge of a pre-trial investigation judge shall be decided by the chair of a district court, the deputy chair of the court or a judge appointed by him in accordance with the procedure laid down in paragraph 4 of this Article. 
6. The filing of a motion for challenge shall not have a suspensory effect on proceedings.

Article 61. Challenge of an advocate or an


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have a suspensory effect on proceedings.

Article 61. Challenge of an advocate or an advocate’s assistant


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1. An advocate or an advocate’s assistant shall not have the right to participate in proceedings in the capacity of a defence counsel or a representative of a victim, a civil claimant and a civil defendant if, in the same case, he provides or previously provided legal aid to a person whose interests are contrary to the interests of the person requesting legal aid or if he previously participated in the capacity of a judge, a prosecutor, a pre-trial investigation officer, an expert, a professional, an interpreter or a witness, also if the advocate or the advocate’s assistant has family links with an officer involved in the investigation or hearing of the case.
2. The challenge of an advocate or an advocate’s assistant in court shall be decided by a court hearing a case in accordance with the procedure laid down in Article 59 of this Code, and the challenge thereof during a pre-trial investigation – by a pre-trial investigation judge in accordance with the procedure laid down in Article 60 of this Code.

SECTION FIVE
APPEAL DURING A PRE-TRIAL INVESTIGATION

Article 62. Appeal against procedural actions and decisions of a pre-trial investigation officer


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1. Parties to proceedings and the persons who have been subject to procedural coercive measures may appeal against procedural actions and decisions of a pre-trial investigation officer to a prosecutor who organises and leads a pre-trial investigation. If the prosecutor refuses to grant the appeal, the prosecutor’s decision may be appealed against to a senior prosecutor in accordance with the procedure laid down in Article 63 of this Code.
2. An appeal shall be filed with a prosecutor directly or via a pre-trial investigation officer whose procedural actions or decisions are being appealed against. Appeals may be either written or oral. The pre-trial investigation officer or the prosecutor shall draw up a record regarding the oral appeals. It shall be signed by the appellant and the pre-trial investigation officer or the prosecutor who has received the appeal.
3. A pre-trial investigation officer must, within one day from the receipt of an appeal, transmit an appeal together with his clarifications to a prosecutor.
4. The filing of an appeal until its resolution shall not have suspensory effect on the performance of an action or execution of a decision appealed against, unless it is deemed necessary by a pre-trial investigation officer or a prosecutor himself.

Article 63. Appeal against a prosecutor’s procedural actions and decisions


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1. Parties to proceedings and the persons who have been subject to procedural coercive measures may appeal against a prosecutor’s procedural actions and decisions to a senior prosecutor. If the senior prosecutor refuses to grant the appeal, this decision may be appealed against to a pre-trial investigation judge.
2. An appeal shall be filed with a senior prosecutor directly or via a prosecutor whose actions or decisions are being appealed against. Appeals may be either written or oral. The prosecutor shall draw up a record regarding the oral appeals. It shall be signed by the appellant and the prosecutor who has received the appeal.
3. The filing of an appeal until its resolution shall not have suspensory effect on the performance of an action or execution of a decision appealed against, unless it is deemed necessary by a prosecutor himself.
4. The decisions adopted by a prosecutor on the issues of organisation of a pre-trial investigation regarding the assignment of conduct of the pre-trial investigation or performance of individual pre-trial investigation actions to a pre-trial investigation body, regarding the assignment of conduct of the pre-trial investigation or performance of individual pre-trial investigation actions to a prosecutor or pre-trial investigation body of another locality, regarding the formation of an investigation team, regarding the assignment of lead of the pre-trial investigation or conduct of the pre-trial investigation shall not be subject to appeal in accordance with the procedure laid down by this Code.

Article 64. Resolution of appeals against procedural actions and decisions of a pre-trial investigation officer or a prosecutor


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1. Appeals against procedural actions and decisions of a pre-trial investigation officer or a prosecutor may be filed during a pre-trial investigation, except in the cases provided for in this Code.
2. A prosecutor and a pre-trial investigation judge must, within ten days from the receipt of an appeal and the material required to hear it, hear the appeal and adopt a decision or issue a ruling thereon. If the appeal is granted, the decision or the ruling shall indicate the violations committed by a pre-trial investigation officer or the prosecutor and proposals to remedy them, if the appeal is dismissed – the reasons for which the appeal is declared to be unfounded and is dismissed.
3. When hearing an appeal, a prosecutor and a pre-trial investigation judge shall have the right to access the documents of a pre-trial investigation and to request clarifications from a pre-trial investigation officer or the prosecutor, unless such have already been submitted.
4. During the hearing of an appeal by a pre-trial investigation judge, a hearing may be held, and a prosecutor, a suspect, the suspect’s defence counsel, the appellant and his representative must be called in thereto. A suspect who is on remand shall, if necessary, be delivered before the pre-trial investigation judge.
5. A decision on an appeal taken by a prosecutor or a pre-trial investigation judge shall be notified to the appellant. If the prosecutor or the pre-trial investigation judge grants the appeal, a decision or a ruling shall be delivered for execution to the officer or the prosecutor conducting the pre-trial investigation.
6. A decision of a pre-trial investigation judge taken in accordance with the procedure laid down in this Article shall be final and not subject to appeal, except in the cases when this Code provides for the possibility of appealing against it.
7. Articles 62 and 63 of this Code shall not apply in the cases for which this Code provides for a different procedure for appealing


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of this Code shall not apply in the cases for which this Code provides for a different procedure for appealing against procedural actions or decisions of a pre-trial investigation officer or a prosecutor.

Article 65. Appeal against procedural actions and rulings of a pre-trial investigation judge and resolution of appeals


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1. The procedural actions performed by a pre-trial investigation judge and the rulings issued by him, with the exception of the rulings which are not subject to appeal pursuant to Article 64 of this Code, may be appealed against by a prosecutor, parties to proceedings and the persons subject to procedural coercive measures in accordance with the procedure laid down in Part X of this Code.
2. The provisions of this Article shall not apply in the cases when this Code provides for a different procedure for appealing against procedural actions or rulings of a pre-trial investigation judge.

CHAPTER IV
COMMUNICATION OF COURTS AND A PROSECUTOR’S OFFICE OF THE REPUBLIC OF LITHUANIA WITH FOREIGN BODIES AND INTERNATIONAL ORGANISATIONS

Article 66. Procedure for communication of courts and a prosecutor’s office of the Republic of Lithuania with foreign bodies and international organisations


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1. The procedure for communication of courts and a prosecutor’s office of the Republic of Lithuania with foreign bodies and international organisations, also the procedure for execution of requests of these bodies and organisations shall be laid down by this Code and international treaties of the Republic of Lithuania.
2. Courts and a prosecutor’s office of the Republic of Lithuania shall send requests to foreign bodies and international organisations via the Ministry of Justice of the Republic of Lithuania or the Prosecutor General’s Office of the Republic of Lithuania. In urgent cases, requests of courts and a prosecutor’s office of the Republic of Lithuania to other Member States of the European Union may be sent via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust. In the cases provided for in international treaties of the Republic of Lithuania, courts, a prosecutor’s office and pre-trial investigation bodies of the Republic of Lithuania may send requests directly to foreign bodies and international organisations.
3. Procedural documents aimed at collecting evidence or obtaining the evidence already collected or temporarily protecting the objects, documents or other property that could be confiscated or recognised as being of evidential value in criminal proceedings against destruction, transformation, removal from another Member State of the European Union, sale or other transfer may be transmitted for execution to another Member State of the European Union in the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters. 

Article 67. Execution of requests of foreign bodies and international organisations regarding the performance of procedural actions


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1. Courts, a prosecutor’s office or pre-trial investigation bodies of the Republic of Lithuania shall, in executing requests of foreign bodies and international organisations, perform the procedural actions specified in this Code. In executing the requests of the foreign bodies and the international organisations, the procedural actions which are not provided for in this Code may also be performed in the cases provided for in an international treaty of the Republic of Lithuania, provided that the performance of such actions does not violate the Constitution and laws of the Republic of Lithuania and is not in contradiction with the basic principles of criminal procedure in the Republic of Lithuania.
2. Courts, a prosecutor’s office and pre-trial investigation bodies of the Republic of Lithuania shall receive requests of foreign bodies and international organisations via the Ministry of Justice of the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust. A court, prosecutor’s office or pre-trial investigation body of the Republic of Lithuania shall execute a request directly received from a foreign body or an international organisation only upon obtaining a permission of the Ministry of Justice of the Republic of Lithuania or the Prosecutor General’s Office of the Republic of Lithuania, with the exception of the cases referred to in paragraph 5 of this Article.
3. A request of a foreign body and an international organisation which cannot be executed shall be returned to that body or organisation via the Ministry of Justice of the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust and reasons for the non-execution of the request shall be indicated.
4. Officers of courts, a prosecutor’s


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of the request shall be indicated.
4. Officers of courts, a prosecutor’s office and pre-trial investigation bodies of foreign states or the International Criminal Court or other international organisations shall be allowed to perform procedural actions in the Republic of Lithuania only in the cases provided for in an international treaty of the Republic of Lithuania and in the presence of officers of the Republic of Lithuania.
5. In the cases provided for in an international treaty of the Republic of Lithuania, courts, a prosecutor’s office and pre-trial investigation bodies of the Republic of Lithuania shall execute the requests directly received from foreign bodies and international organisations and send replies to the requests directly to the foreign states and to the international organisations.
6. Procedural documents of another Member State of the European Union aimed at collecting evidence or obtaining the evidence already collected or temporarily protecting the objects, documents or other property that could be confiscated or recognised as being of evidential value in criminal proceedings against destruction, transformation, removal from another Member State of the European Union, sale or other transfer may be executed in the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters. 

Article 671. Procedure for communication with foreign bodies and international organisations in cases when the European Public Prosecutor’s Office has been designated as the competent authority
In cases where the European Public Prosecutor’s Office has been designated as the competent authority, communication with foreign bodies and international organisations shall be conducted in accordance with the procedure laid down by Regulation (EU) 2017/1939, this Code and laws. 

Article 68. Request to bring or take over a prosecution


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1. The grounds for, conditions of and procedure for bringing and taking over a prosecution shall be established by this Code and international treaties of the Republic of Lithuania.
2. A request of a foreign body or an international organisation to bring or take over the prosecution of a citizen of the Republic of Lithuania who has committed a criminal act in the foreign state and has returned to the Republic of Lithuania shall be considered by the Prosecutor General’s Office of the Republic of Lithuania by verifying the validity of the request. The results of the verification shall be notified to the requesting foreign body or to the international organisation. If criminal proceedings have already been completed, a judgment has been passed and become final in the Republic of Lithuania in respect of the act committed by the person indicated in the request of the foreign body or the international organisation, a transcript of the judgment translated into a foreign language and duly certified shall be sent together with the notification.
3. If a national of a foreign state or another person has committed a criminal act on the territory of the Republic of Lithuania and has subsequently left the Republic of Lithuania, the data collected by pre-trial investigation bodies on this person shall be transmitted to the Prosecutor General’s Office of the Republic of Lithuania, which shall decide on the necessity of sending a request to a foreign body to bring or take over a prosecution.

Article 681. Exchange of information and direct consultations aimed at avoiding parallel criminal proceedings in the Member States of the European Union


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1. When the same person is reasonably supposed to be subject to the criminal proceedings being conducted in another Member State of the European Union in respect of the same criminal act, a prosecutor shall, of his own motion during a pre-trial investigation or, where the case is referred to court, on an assignment of a court hearing the case, contact the competent authority of another Member State of the European Union to confirm that the existence of such parallel proceedings. The competent authority of another Member State of the European Union may be contacted via the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.
2. Requests of the competent authorities of other Member States of the European Union to provide information on whether criminal proceedings are being conducted in the Republic of Lithuania against the same person in respect of the same criminal act shall be received via the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.
3. Upon establishing that criminal proceedings exist in the Republic of Lithuania and in another Member State of the European Union against the same person in respect of the same criminal act, a prosecutor shall enter into direct consultations with the competent authority of another Member State of the European Union in order to reach an effective solution aimed at avoiding the adverse consequences arising from such parallel proceedings and, where possible, concentrating the criminal proceedings in one state. If the case has been referred to court, the prosecutor shall inform the court hearing the case about the progress of these consultations and the proposed solutions by submitting, where necessary, the necessary requests in accordance with the procedure laid down by this Code. Where a ground exists, the prosecutor or the court hearing the case may apply to the Prosecutor


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Code. Where a ground exists, the prosecutor or the court hearing the case may apply to the Prosecutor General’s Office of the Republic of Lithuania with a proposal to submit to another Member State of the European Union a request to take over prosecution or may propose to the competent authority of another European Union Member State to submit a request to the General Prosecutor’s Office of the Republic of Lithuania for taking over of prosecution.
4. Where it has not been possible to find an effective solution during direct consultations, a prosecutor may refer to a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust for assistance in settlement of conflicts of exercise of jurisdiction.
5. The procedure for exchanging information and conducting direct consultations with the competent authorities of the other Member States of the European Union shall be established by the Prosecutor General of the Republic of Lithuania.

Article 69. Request to a foreign state to extradite a person


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1. In the cases and in accordance with the procedure provided for in international treaties of the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania or the Ministry of Justice of the Republic of Lithuania shall, upon the receipt of the documents referred to in paragraph 3 of this Article, refer to a foreign body requesting extradition of a citizen of the Republic of Lithuania or another person if prosecution has been brought or a judgment of conviction has been passed against him.
2. A request of the Republic of Lithuania for extradition of a person shall indicate: the surname, forename, date of birth, personal number and citizenship of a suspect/accused person/convicted person; the circumstances in which the criminal act was committed; the text of the article of the Criminal Code of the Republic of Lithuania which provides for the committed criminal act; the external appearance of the suspect/accused person/convicted person. The request shall be accompanied by a photograph of the person whose extradition is requested, a transcript of a ruling to impose remand or of a judgment, also other documents provided for in international treaties of the Republic of Lithuania.
3. A transcript of a final judgment of conviction imposing a custodial sentence or, where a ruling to lift the stay of execution of the sentence or a ruling to refer a person conditionally released from a correctional facility to the correctional facility to serve the remainder of the custodial sentence was issued and became final, also a transcript of such a ruling together with the information referred to in paragraph 2 of this Article shall be sent to the Ministry of Justice of the Republic of Lithuania by the court which passed the judgment or issued the ruling, where it considers that it is necessary to apply for the extradition of the person.
4. The translation of a request for extradition of a person and the documents accompanying it into the required language of a foreign state shall be ensured by the institution which refers to a foreign body for extradition of the person.


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foreign state shall be ensured by the institution which refers to a foreign body for extradition of the person. 

Article 691. Issue of a European arrest warrant for a person’s surrender to the Republic of Lithuania


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1. In order to take over from a Member State of the European Union a citizen of the Republic of Lithuania or another person whose prosecution was brought in the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania shall, upon receipt of a court ruling to place the person on remand, issue a European arrest warrant and either directly or via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust refer to the competent authority of the Member State of the European Union requesting to surrender the person who is the subject of the European arrest warrant.
2. A European arrest warrant shall be issued in respect of a citizen of the Republic of Lithuania or another person who was imposed a custodial sentence by a judgment of conviction which became final in the Republic of Lithuania but went into hiding from the serving of the sentence in a Member State of the European Union and the competent authority of that state shall be directly contacted by a regional court according to the territory of activities of the court which passed the judgment or a ruling to lift the stay of execution of the sentence or a ruling to refer the person conditionally released from a correctional facility to the correctional facility to serve the remainder of the custodial sentence. Where necessary, the regional court may forward the European arrest warrant to the competent authority of the Member State of the European Union via the Ministry of Justice of the Republic of Lithuania or via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust. 
3. The General Prosecutor’s Office of the Republic of Lithuania or a regional court shall, in deciding on the issue of a European arrest warrant, assess whether the surrender of a person pursuant to the European arrest warrant is in compliance with the principles of proportionality and cost-effectiveness in the light of


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arrest warrant is in compliance with the principles of proportionality and cost-effectiveness in the light of the nature and degree of seriousness of the committed crime, the personality of a suspect, an accused person or a convicted person.
4. The procedure for issuing a European arrest warrant and surrendering a person pursuant to the European arrest warrant shall be specified by the Prosecutor General of the Republic of Lithuania and the Minister of Justice of the Republic of Lithuania.

Article 70. Limits of criminal liability of a person extradited or surrendered by a foreign state


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1. A person extradited or surrendered by a foreign state may not be detained, prosecuted or convicted in the Republic of Lithuania for a criminal act committed prior to his extradition or surrender for which he was not extradited or surrendered, except for the following cases:


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1) consent has been given by the foreign state from which the person has been extradited or surrendered;
2) the person, having had an opportunity to leave the Republic of Lithuania, has not done so within 45 days or within any other time limit set in an international treaty of the Republic of Lithuania or has returned to the territory of the Republic of Lithuania after leaving it;
3) the person consented prior to his surrender pursuant to the European arrest warrant that he may be prosecuted also for other criminal acts committed prior to his surrender;
4) the person surrendered pursuant to the European arrest warrant consents in writing that he may be prosecuted also for other criminal acts committed prior to his surrender;
5) the person has been surrendered pursuant to the European arrest warrant, however as regards the criminal act committed prior to the surrender of the person, laws of the Republic of Lithuania do not provide for the penalty of a custodial sentence or arrest or the supervision measure of remand may not be imposed;
6) in other cases provided for in international treaties of the Republic of Lithuania. 
2. A person extradited or surrendered by a foreign state for the criminal acts for which he was extradited or surrendered and for other criminal acts committed prior to his extradition or surrender may be extradited or surrendered to a third State only with the consent of the state which extradited or surrendered him. Where the person was surrendered to the Republic of Lithuania pursuant to a European arrest warrant, he may be surrendered to another Member State of the European Union for the criminal acts committed prior to his surrender also in the cases provided for in points 2-4 of paragraph 1 of this Article.
3. Where necessary, the Prosecutor General’s Office of the Republic of Lithuania shall refer to a foreign state which extradited or surrendered a person requesting the consent provided for in point 1 of paragraph 1 of this Article. 
4. Where a person surrendered to a foreign state pursuant to a European


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of this Article. 
4. Where a person surrendered to a foreign state pursuant to a European arrest warrant consents in writing to be prosecuted for other criminal acts committed prior to his surrender pursuant to the European arrest warrant, a prosecutor in charge of the pre-trial investigation shall refer to a pre-trial investigation judge with a motion. The pre-trial investigation judge must, within ten days, hold a hearing which must be attended by the person surrendered pursuant to the European arrest warrant, his defence counsel and the prosecutor. At the hearing, the pre-trial investigation judge shall verify whether the person voluntarily consents to be prosecuted for the criminal acts for which he was not surrendered pursuant to the European arrest warrant and whether he is aware of the legal consequences of such consent. Upon establishing that the person voluntarily consents to be prosecuted for such criminal acts and is aware of the legal consequences of such consent, the pre-trial investigation judge shall issue a ruling on prosecution of the person for the criminal acts for which he was not surrendered pursuant to the European arrest warrant. 
5. If a person surrendered by a foreign state pursuant to a European arrest warrant consents to be extradited or surrendered to a third State for the criminal acts committed prior to his surrender to the Republic of Lithuania, he shall be extradited/surrendered to the third State in accordance with the procedure laid down in Article 75 of this Code.

Article 71. Extradition of persons from the Republic of Lithuania or their surrender to the International Criminal Court


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1. A citizen of the Republic of Lithuania suspected of having committed a criminal act may be extradited to a foreign state or surrendered to the International Criminal Court only if such an obligation is stipulated by an international treaty of the Republic of Lithuania or by a resolution of the United Nations Security Council.
2. A foreigner who is suspected of having committed a criminal act within the territory of the Republic of Lithuania or another state shall be extradited to the respective state or surrendered to the International Criminal Court only if such obligation is stipulated by an international treaty of the Republic of Lithuania or by a resolution of the United Nations Security Council.
3. It shall be allowed not to extradite a citizen of the Republic of Lithuania or a foreigner where:


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1) the committed act is not regarded as a crime or misdemeanour under the Criminal Code of the Republic of Lithuania;
2) the criminal act was committed in the territory of the State of Lithuania;
3) the person is being prosecuted for a crime of political nature;
4) the person has been convicted of the committed criminal act, acquitted or released from criminal liability or a penalty;
5) the person may be subjected to the death penalty for the committed crime in another state;
6) the limitation period for the passing or execution of a judgment of conviction has expired;
7) the person is released from a penalty under an act of amnesty or pardon;
8) there exist other grounds provided for by international treaties of the Republic of Lithuania.
4. The persons who have been granted asylum or temporary protection in accordance with laws of the Republic of Lithuania shall not be punishable under criminal laws of the Republic of Lithuania for the criminal acts for which they were prosecuted abroad and shall not be extradited to foreign states, except in the cases provided for by Article 7 of the Criminal Code of the Republic of Lithuania.
5. If after surrendering a person to a foreign state by the Republic of Lithuania the foreign state submits a request for prosecution of the person or execution of a sentence imposed against the person for a criminal act for which he was not requested to be surrendered or a request for extradition of this person to a third State, the request shall be considered and the consent shall be given by the Prosecutor General’s Office of the Republic of Lithuania. The Prosecutor General’s Office of the Republic of Lithuania may provide a reasoned refusal to prosecute the person or to execute the sentence imposed for the criminal act for which the person was not requested to be extradited or to surrender such a person to the third State where there are the grounds for and/or conditions of refusing surrender as stipulated in Article 9 of the Criminal Code of the Republic of


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conditions of refusing surrender as stipulated in Article 9 of the Criminal Code of the Republic of Lithuania.
6. The consent of the Prosecutor General’s Office of the Republic of Lithuania regarding the prosecution of a person or execution of a sentence imposed for a criminal act for which he was not requested to be extradited or regarding the person’s surrender to the International Criminal Court or his extradition to a third State shall be approved by a judge of Vilnius Regional Court.

Article 711. Surrender of a person pursuant to a European arrest warrant


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1. A citizen of the Republic of Lithuania or a foreigner who is suspected of having committed a criminal act in the issuing Member State or who was imposed a sentence involving deprivation of liberty in that Member State but has not served it shall be surrendered to the issuing Member State on the grounds and conditions provided for in Article 91 of the Criminal Code of the Republic of Lithuania. 
2. Where a person who is the subject of a European arrest warrant does not understand the language in which the European arrest warrant has been drawn up or into which the European arrest warrant has been translated by the issuing Member State, the European arrest warrant must be translated into that person’s native language or into another language which he speaks. Subject to the consent of the person who is the subject of the European arrest warrant, the interpretation of the European arrest warrant may be ensured, unless this is contrary to the interests of justice. 
3. A person shall be surrendered to the issuing Member State in accordance with the procedure laid down in Articles 72-77 of this Code. Where the person has consented to be surrendered to the issuing Member State, a decision on his surrender must be adopted not later than within ten days from the date of his written consent. In other cases, the decision on the surrender of the person must be adopted not later than within 60 days from his placement on remand.
4. In exceptional cases, the time limits set in paragraph 2 of this Article may be extended for up to 30 days, however the reasons for the extension must be communicated without delay to the authority of the issuing Member State. Where the time limit extended in the exceptional cases is insufficient, the reasons for the delay must be communicated to the European Union prosecuting authority (Eurojust). 
5. Where a European arrest warrant has been issued for a person who enjoys immunity from criminal jurisdiction under international law or where the competent authority has not given its permission to prosecute the person in the cases where this permission is required by


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competent authority has not given its permission to prosecute the person in the cases where this permission is required by laws, the time limits referred to in paragraphs 2 and 3 of this Article shall run from the moment when this person loses his immunity or upon the receipt of the permission of the competent authority. The Prosecutor General’s Office of the Republic of Lithuania must refer to the competent institution of the Republic of Lithuania for the giving of such a permission or for the lifting of immunity. 
6. A person shall be surrendered to the issuing Member State only for the purpose of prosecution for a criminal act referred to in the European arrest warrant issued for him or for the execution of a penalty that has been imposed. Where the foreign state submits, along with the European arrest warrant, a request for the surrender of the person and his prosecution or execution of a sentence imposed for a criminal act for which a European arrest warrant may not be issued, this request shall be considered together with the European arrest warrant. A court taking a decision on the surrender of the person under the European arrest warrant may consent to surrender the person also for this criminal act where it is recognised as a criminal act under criminal laws of the Republic of Lithuania. 
7. If, after the Republic of Lithuania has surrendered a person to a foreign state pursuant to a European arrest warrant, the foreign state submits a request for the person’s prosecution or execution of a sentence imposed for a criminal act for which he was not surrendered pursuant to the European arrest warrant or a request for this person’s surrender or extradition to a third State, this request shall be considered and consent shall be given by the Prosecutor General’s Office of the Republic of Lithuania. The Prosecutor General’s Office of the Republic of Lithuania may provide a reasoned refusal to consent to prosecute the person or to execute the sentence imposed for the criminal act for which the European arrest warrant was not issued or to surrender the person to another Member State of the European


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which the European arrest warrant was not issued or to surrender the person to another Member State of the European Union where there are grounds for and/or conditions of non-execution of a European arrest warrant as stipulated in Article 91 of the Criminal Code of the Republic of Lithuania. Consent to extradite a person surrendered to a foreign state pursuant to the European arrest warrant to a third State (non-EU Member State) may be given in accordance with international treaties of the Republic of Lithuania and other legal acts. The Prosecutor General’s Office of the Republic of Lithuania shall give its consent or refuse to consent to prosecute the person, execute the imposed sentence or surrender the person to the third State within 20 days from the receipt of the request. The consent of the Prosecutor General’s Office regarding the prosecution of the person surrendered to the foreign state pursuant to the European arrest warrant or execution of the sentence imposed for the criminal act for which he was not surrendered pursuant to the European arrest warrant or the surrender or extradition of this person to the third State shall be approved by a ruling of a judge of Vilnius Regional Court within ten days. 
8. At the request of the issuing Member State, the Prosecutor General’s Office of the Republic of Lithuania shall ensure the seizure and transfer to the issuing Member State of the objects and documents relevant to the investigation of a criminal act and of the property acquired by criminal means by the person who is the subject of a European arrest warrant. Where these objects must be confiscated or transferred to rightful owners in accordance with laws of the Republic of Lithuania, the General Prosecutor’s Office of the Republic of Lithuania may transfer them only temporarily as long as they are necessary for the conduct of criminal proceedings in the issuing Member State.
9. A citizen of the Republic of Lithuania or a foreigner who is the subject of a European arrest warrant issued pursuant to the conditions specified in Article 91(5)(4) of the Criminal Code of the Republic of Lithuania


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the conditions specified in Article 91(5)(4) of the Criminal Code of the Republic of Lithuania for the execution of a sentence involving deprivation of liberty shall have the right to request that he be provided with a copy of a court decision imposing the sentence involving deprivation of liberty thereon. Upon receipt of this request, a regional court shall directly refer to the competent authority of the issuing Member State with a request to provide the copy of the court decision imposing the sentence involving deprivation of liberty upon the person. The person’s request for the provision of the copy of the court decision shall not have suspensory effect on the consideration of the issue of the extradition/surrender of the person from the Republic of Lithuania pursuant to the European arrest warrant and the execution of the surrender of the person in respect whereof there is a final ruling on extradition from the Republic of Lithuania pursuant to the European arrest warrant.


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10. A citizen of the Republic of Lithuania or a foreigner who is requested to be surrendered from the Republic of Lithuania pursuant to a European arrest warrant shall have the right to request that he be assigned a defence counsel in the issuing Member State prior to his surrender from the Republic of Lithuania. This right of the person who is the subject of the European arrest warrant must be communicated to him without delay upon the imposition of remand in the language which he understands. Upon receipt of such a request, the Prosecutor General’s Office of the Republic of Lithuania shall, without delay, inform thereof the competent authority of the issuing Member State and, upon receipt of a reply, communicate it without delay to the person who submitted the request and to his defence counsel. The person’s request to be assigned a defence counsel in the issuing Member State shall not have suspensory effect on the consideration of the issue of the surrender of the person from the Republic of Lithuania pursuant to the European arrest warrant and the execution of the surrender of the person in respect whereof there is a final ruling on extradition from the Republic of Lithuania pursuant to the European arrest warrant. 

Article 72. Supervision measures in respect of the persons requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant


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1. The persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be placed on remand on the grounds provided for in international treaties of the Republic of Lithuania and this Code.
2. The procedure for imposing remand and appealing against remand in respect of the persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be laid down by this Code.
3. The duration of the remand of the persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be specified by international treaties of the Republic of Lithuania and this Code.
4. The placement on remand of the persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be notified without delay in accordance with the procedure laid down in Article 128(1) and (3) of this Code. 
5. The persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant may also be subject to other supervision measures provided for in this Code where they are sufficient to prevent the person from fleeing/going into hiding from law enforcement institutions of the Republic of Lithuania.

Article 73. Procedure for extraditing/surrendering persons from the Republic of Lithuania


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1. Acting in accordance with an international treaty of the Republic of Lithuania or pursuant to an issued European arrest warrant, a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania shall refer to Vilnius Regional Court with a motion for extraditing a person from the Republic of Lithuania or surrendering him to the International Criminal Court or pursuant to the European arrest warrant.
2. A judge of Vilnius Regional Court must, within seven days, hold a hearing, which must be attended by the person to be extradited/surrendered, his defence counsel and a prosecutor. A record of the hearing shall be drawn up.
3. If Vilnius Regional Court decides to extradite the person from the Republic of Lithuania or to surrender him to the International Criminal Court or pursuant to a European arrest warrant, the issues of the imposition of remand upon such a person or extension of the term of remand shall be resolved in accordance with the general procedure provided for in Article 127 of this Code by a district or regional court, having regard to the time limit required for the imposition of remand. The judge who decides to extradite the person or refuse to extradite him shall issue a ruling thereon. Reasons must be provided for the issue of a ruling refusing surrender of the person pursuant to the European arrest warrant.
4. In deciding on the surrender of a citizen of the Republic of Lithuania or a person permanently residing in the Republic of Lithuania pursuant to a European arrest warrant, Vilnius Regional Court shall have regard to the conditions of takeover of execution of a custodial sentence as stipulated by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters. Having decided to refuse to surrender the person pursuant to the European arrest warrant on the ground provided for in Article 91(4)(3) of the Criminal Code of the Republic of Lithuania and to take over the execution of a sentence for


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of the Criminal Code of the Republic of Lithuania and to take over the execution of a sentence for which the European arrest warrant was issued, Vilnius Regional Court shall, under the same ruling, resolve the issue of the adaptation of this sentence to criminal laws of the Republic of Lithuania in compliance with the rules established in the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters. 
5. If the received information is insufficient for the adoption of the decisions referred to in this Article, a judge of Vilnius Regional Court shall assign the Prosecutor General’s Office of the Republic of Lithuania to immediately refer to the requesting authority for provision of the necessary additional information. If the information received is insufficient for the adoption of a decision on surrender of a person pursuant to a European arrest warrant or a decision on the adaptation of a sentence, as provided for in paragraph 4 of this Article, to criminal laws of the Republic of Lithuania, the judge of Vilnius Regional Court may refer directly to the requesting authority for provision of the necessary additional information.
6. If multiple requests for extradition from the Republic of Lithuania or surrender to the International Criminal Court or pursuant to a European arrest warrant are received in respect of one person, Vilnius Regional Court shall decide thereon relying, as a general rule, upon the following provisions:


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1) a request for surrender to the International Criminal Court shall take precedence over other requests;
2) a request for prosecution shall take precedence over a request for execution of an imposed sentence;
3) in the remaining cases, all circumstances relevant to the extradition of the person and especially the nature and degree of seriousness of the committed criminal act, the place of commission of the act and the dates of the respective requests for the extradition/surrender of the person shall be taken into account. In the cases provided for by legal acts, the court shall also have regard to the advice of international prosecuting authorities (including Eurojust).

Article 74. Appeal against a ruling


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1. A person in respect whereof a ruling has been issued or his defence counsel, if not agreeing with a ruling to extradite the person from the Republic of Lithuania or to surrender him to the International Criminal Court or pursuant to a European arrest warrant, or a prosecutor, if not agreeing with a ruling to refuse the person’s extradition from the Republic of Lithuania or his surrender to the International Criminal Court or pursuant to the European arrest warrant, shall have the right to appeal against it to the Court of Appeal of Lithuania within seven days from the issue of the ruling.
2. A judge of the Court of Appeal of Lithuania must hear an appeal not later than within 14 days from the filing thereof. A hearing may be held to hear the appeal, and a person to be extradited/surrendered and his defence counsel or the defence counsel alone shall be summoned thereto. The participation of a prosecutor in the hearing shall be compulsory. The judge of the Court of Appeal of Lithuania may issue a ruling to annul a ruling of Vilnius Regional Court or to uphold it.
3. A ruling of a judge of the Court of Appeal of Lithuania shall be final and not subject to appeal under cassation procedure.
4. An appeal filed against a ruling of a judge of Vilnius Regional Court shall have suspensory effect on the execution of this ruling.

Article 75. Simplified procedure for extraditing/surrendering persons from the Republic of Lithuania


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1. In the cases provided for in an international treaty of the Republic of Lithuania or upon the receipt of a European arrest warrant, a simplified procedure for extraditing/surrendering a person from the Republic of Lithuania may apply.
2. A simplified procedure for extraditing/surrendering a person from the Republic of Lithuania shall be applied only in the presence of a written consent of the person to be extradited/surrendered and, in cases of extradition, also in the presence of an approval of the Prosecutor General’s Office of the Republic of Lithuania. The person requested to be surrendered under a European arrest warrant may consent in writing to be surrendered also for other criminal acts for which the European arrest warrant was not issued. Upon receiving the person’s written consent, a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania shall refer to Vilnius Regional Court with a motion for extraditing/surrendering the person from the Republic of Lithuania.
3. A judge of Vilnius Regional Court must, within three days, hold a hearing which must be attended by a person to be extradited/surrendered, his defence counsel and a prosecutor. At the hearing, the judge shall verify whether the person to be extradited/surrendered has voluntarily consented to be extradited/surrendered from the Republic of Lithuania and is aware of the legal consequences of the extradition/surrender, also whether the Prosecutor General’s Office of the Republic of Lithuania approves of the application of the simplified procedure for extradition from the Republic of Lithuania. A record of the hearing shall be drawn up.
4. Having determined that a person to be extradited/surrendered has voluntarily consented to be extradited/surrendered from the Republic of Lithuania and is aware of the legal consequences of the extradition/surrender and, in cases of extradition, also that the Prosecutor General’s Office of the Republic of Lithuania approves of the application of


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also that the Prosecutor General’s Office of the Republic of Lithuania approves of the application of the simplified procedure for extradition from the Republic of Lithuania, a judge of Vilnius Regional Court shall issue a ruling to extradite/surrender the person. The ruling of the judge of Vilnius Regional Court to extradite/surrender the person under the simplified procedure shall not be subject to appeal. If the person to be extradited/surrendered withdraws his consent, the procedure for extradition/surrender of persons from the Republic of Lithuania as provided for in Article 73 of this Code shall apply.

Article 76. Procedure for surrendering a person in respect whereof there is a final ruling to extradite from the Republic of Lithuania or surrender to the International Criminal Court or pursuant to a European arrest warrant


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1. The procedure for and conditions of the surrender to a foreign authority or to the International Criminal Court of a person in respect whereof there is a final ruling to extradite from the Republic of Lithuania or surrender to the International Criminal Court or pursuant a European arrest warrant shall be specified by international treaties of the Republic of Lithuania and other legal acts.
2. A person in respect whereof there is a final ruling to surrender him pursuant to a European arrest warrant shall be surrendered to the issuing Member State not later than within ten days. If the surrender of the person within this time limit is precluded by the emergence of unforeseen circumstances, the Prosecutor General’s Office of the Republic of Lithuania and the respective foreigner authority shall, without delay, agree on a new surrender date. In this case, the person must be surrendered not later than within ten days of the new date. 
3. In exceptional cases, where there are reasonable grounds for believing that the surrender of a person would endanger the person’s life or health or where there are other serious humanitarian reasons, the surrender of the person to another state pursuant to a European arrest warrant may be postponed. As soon as these grounds have ceased to exist, the Prosecutor General’s Office of the Republic of Lithuania and the respective foreign authority shall agree without delay on a new surrender date. In this case, the person must be surrendered not later than within ten days of the new date. 
4. The surrender of a person pursuant to a European arrest warrant may also be postponed until completion of criminal proceedings opened in the Republic of Lithuania in relation to this person or until such a person has served the sentence imposed upon him in the Republic of Lithuania. However, the person may temporarily be surrendered to another state for the purpose of performing procedural actions in accordance with the procedure provided for in Article 77 of this Code.
5. Where a person has not been surrendered within the time limits provided for in paragraphs 2 or 3 of this


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Where a person has not been surrendered within the time limits provided for in paragraphs 2 or 3 of this Article, the supervision measure imposed upon him shall be lifted.

Article 77. Temporary surrender of a person on remand or a person serving a sentence involving deprivation of liberty to another state or to the International Criminal Court and temporary takeover from another state for the purpose of performing procedural actions


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1. A person on remand or a person serving a sentence involving deprivation of liberty may, in the cases and in accordance with the procedure laid down in an international treaty of the Republic of Lithuania, be temporarily surrendered to another state or to the International Criminal Court and temporarily taken over from another state for the purpose of performing procedural actions.
2. A decision on the temporary surrender of a person on remand or a person serving a sentence involving deprivation of liberty to another state and temporary takeover from another state shall be taken and the conditions of such surrender or takeover shall be agreed upon with the competent authority of another state by a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania.
3. In the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, a person on remand or a person serving a sentence involving deprivation of liberty may be temporarily surrendered to another Member State of the European Union or taken from another Member State of the European Union to the Republic of Lithuania for the purpose of performing procedural actions. 

Article 771. Carriage of persons on remand in transit through the territory of the Republic of Lithuania
1. The persons placed on remand by a foreign state may be carried in transit through the territory of the Republic of Lithuania only with the consent of the Ministry of Justice of the Republic of Lithuania or the Prosecutor General’s Office of the Republic of Lithuania. 
2. The carriage of a person on remand in transit through the territory of the Republic of Lithuania shall be prohibited in the following cases:


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1) the person placed on remand by a foreign state is a citizen of the Republic of Lithuania, and international treaties of the Republic of Lithuania and other legal acts prohibit the extradition/surrender of citizens of the Republic of Lithuania to the state whereto the person on remand is being carried;
2) the person placed on remand by a foreign state is a citizen of the Republic of Lithuania who is being carried to a third State to serve a sentence involving deprivation of liberty where the request of the Republic of Lithuania or of this person to permit the serving of the sentence involving deprivation of liberty in the Republic of Lithuania has not been taken into account;
3) in other cases provided for by international treaties. 
3. The carriage of a citizen of the Republic of Lithuania placed on remand by a foreign state in transit through the territory of the Republic of Lithuania to a third State for the purpose of prosecution may be permitted in the cases when the convicted person could serve a sentence involving deprivation of liberty in the Republic of Lithuania if he so desired.

Article 772. No longer effective from 15 June 2017.

CHAPTER V
WITNESSES, EXPERTS AND PROFESSIONALS

SECTION ONE
WITNESSES

Article 78. Witness
Any person about whom there is evidence that he may have knowledge of any circumstances relevant for the resolution of a case may be summoned as a witness.

Article 79. Persons who cannot be witnesses
A person who, on the basis of a certificate of a health care institution or a conclusion of a forensic psychiatrist or a forensic physician regarding physical or mental impairments, is incapable of correctly comprehending the circumstances relevant to a case and giving testimony in respect thereof may not be a witness.

Article 80. Circumstances precluding persons from being questioned as witnesses
The following may not be questioned as a witness:


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1) a person who may give testimony regarding a criminal act committed by him, save for the cases when he agrees to give such testimony by applying the specific features of giving testimony as provided for in Article 82(3) of this Code;
2) a judge – regarding the secrecy of the courtroom;
3) the defence counsel of a suspect, an accused person, an acquitted person or a convicted person, representatives of a victim, a civil claimant or a civil defendant – regarding the circumstances which came to their knowledge in the course of performing the duties of a defence counsel or a representative, also an interpreter – regarding the circumstances which came to his knowledge in the course of performing the duties of an interpreter pursuant to provisions of Article 8(4) of this Code; 
4) priests – regarding what was entrusted to them in confession;
5) producers, disseminators of public information, participants thereof, journalists – regarding what constitutes the confidentiality of the source of information under the Law of the Republic of Lithuania on the Provision of Information to the Public, with the exception of the cases when these persons agree to give testimony or when a court decides that it is necessary to disclose the source of information due to vital or other particularly important public interests, also in order to ensure the protection of constitutional rights and freedoms of persons and the pursuit of justice or where it is impossible to disclose the source of information by other means or such means have been already exhausted.

Article 801. Adoption of a decision to disclose confidentiality of the source of information


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1. Where a prosecutor considers that it is necessary to disclose confidentiality of the source of information in the case provided for in Article 80(5) of this Code, he shall refer to a pre-trial investigation judge with a motion. The content of the prosecutor’s motion must be in conformity with the content of a ruling referred to in paragraph 3 of this Article.
2. A hearing shall be held to deal with the issues referred to in this Article. A prosecutor and a person whom it is sought to place under the obligation to disclose the source of information shall be called in to this hearing, however, failure of these persons to appear shall not have suspensory effect on the resolution of the issue. The person and/or his authorised representative shall have the right to access the prosecutor’s motion prior to the court hearing. 
3. A pre-trial investigation judge shall issue a reasoned ruling on a prosecutor’s motion. The ruling placing a person under the obligation to disclose the source of information must indicate:


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1) data on the criminal act under investigation (the place, time, manner and other circumstances of commission of the act, criminal law providing for liability for the criminal act);
2) data on the producer and disseminator of public information, their participant or journalist who is placed under the obligation to disclose the source of information;
3) data and arguments that disclosure of the source of information is necessary due to vital or other particularly important public interests, also in order to ensure the protection of constitutional rights and freedoms of persons and the pursuit of justice;
4) data and arguments that it is impossible to disclose the source of information by other means or that such means have already been exhausted;
5) the obligation to take the required measures which, given the circumstances, are necessary in order to prevent unjustified dissemination of information about the disclosed confidentiality of the source of information;
6) other circumstances relevant for the consideration of the issue. 
4. Where a case has been referred to court, a decision to disclose confidentiality of the source of information shall be taken by a court hearing the case in accordance with the procedure laid down by this Article. 
5. A ruling issued by a pre-trial investigation judge or a court on the issue referred to in this Article shall be appealed against in accordance with the procedure laid down in Part X of this Code.

Article 81. Rights of a witness
A witness shall have the right:


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1) to give testimony in his native language and to have access to the services of an interpreter if a questioning is conducted in a language that he does not understand;
2) to access a record of his testimony and to make amendments and corrections thereto;
3) to request that audio and video recordings be made of his testimony;
4) to draw up his own testimony;
5) to request, on the grounds and in accordance with the procedure laid down by law, to apply to him measures of protection from criminal influence;
6) to receive reimbursement of the expenses incurred;
7) to have a representative.

Article 82. Specific features of giving testimony
1. The President of the Republic shall, with his consent, be questioned by a pre-trial investigation judge at the residence of the President of the Republic. The President of the Republic shall not be summoned to a court hearing.
2. A person may refrain from giving testimony or from answering certain questions asked against his family members or close relatives.
3. A person who, by a decision of a prosecutor, is questioned about a criminal act allegedly committed by him shall have the right to an authorised representative during the questioning and to request to be recognised as a suspect. Such a person shall not be subject to liability provided for in Article 83(2) and (4) of this Code.

Article 83. Duties and liability of a witness


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1. Every person summoned as a witness must appear before a pre-trial investigation officer, a prosecutor and a court and give truthful testimony as to what is known to him about the circumstances relevant to the resolution of a case.
2. A witness who, in the absence of compelling reasons, fails to appear before a pre-trial investigation officer, a prosecutor and a court or refuses or evades giving testimony without a legal basis therefor may be subject to the procedural coercive measures provided for in Article 163 of this Code.
3. A judge or a court may also impose the arrest provided for in Article 163(1) of this Code upon a witness who fails to appear before the court in the absence of compelling reasons or refuses or evades giving testimony without a legal basis therefor.
4. A witness shall be held liable for giving false testimony under Article 235 of the Criminal Code of the Republic of Lithuania.

SECTION TWO
EXPERTS

Article 84. Expert
1. A person having the required specialist knowledge and entered on the list of experts of the Republic of Lithuania may be appointed as an expert.
2. If the list of experts of the Republic of Lithuania does not contain experts in the required field of expertise, a person who is not entered on the list of experts may be appointed as an expert.
3. Where necessary, a person who has the right to be an expert in a Member State of the European Union or a state with which the Republic of Lithuania has concluded an agreement on legal aid may be appointed as an expert.

Article 85. List of experts of the Republic of Lithuania


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1. Persons shall be entered on the list of experts of the Republic of Lithuania in accordance with the procedure laid down by law.
2. Experts entered on the list of experts of the Republic of Lithuania shall be warned of liability for presenting a false conclusion and shall not be individually warned during proceedings.

Article 86. Rights of experts
1. An expert shall have the right:
1) to have access to the case file related to the subject matter of an expert examination;
2) to request to submit additional material necessary for the presentation of a conclusion;
3) to participate in the performance of investigative actions related to the subject matter of the expert examination and in the hearing of the case in court.
2. An expert shall refuse to present a conclusion if the material submitted to him is not sufficient to reach a conclusion or if the material does not correspond to his specialist knowledge. In such cases, the expert shall draw up a statement that it is not possible to present a conclusion.

Article 87. Duties and liability of an expert
1. When summoned, an expert must appear before a court and present an impartial conclusion on the issues submitted to him.
2. An expert who fails to appear in the absence of compelling reasons or refuses to perform his duties without a legal basis therefor may be subject to the procedural coercive measures provided for in Article 163 of this Code.
3. An expert shall be held liable for presenting a false conclusion under Article 235 of the Criminal Code of the Republic of Lithuania.

Article 88. Content of an expert report


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1. Having carried out the necessary examinations, an expert shall draw up an expert report. It shall consist of an introductory part, an investigative part and conclusions.
2. The introductory part of the expert report shall indicate: the date and place of drawing up of the report; a ruling ordering an expert examination; the materials and questions submitted for the expert examination; personal data of the expert, namely, his forename, surname, education, field of expertise, qualification, length of service as an expert; dates of commencement and completion of examinations; persons who participated in the expert examination.
3. The investigative part of the expert report shall indicate: the condition of objects of the examination; the results of their inspection; the examinations carried out, the methods and means employed; the findings and their evaluation.
4. The conclusions shall provide answers to the questions posed. The expert’s conclusions may not go beyond his specialist knowledge.

SECTION THREE
PROFESSIONALS

Article 89. Professional


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1. A professional shall be a person with the required specialist knowledge and skills who is assigned to examine objects and to present a conclusion or clarifications on issues within his competence, or to participate in performing other actions of criminal proceedings.
2. An officer of a pre-trial investigation body or a person who is not employed with this body may act in the capacity of a professional. Professionals who are officers of a pre-trial investigation body shall, in accordance with their position, be warned of liability under Article 235 of the Criminal Code of the Republic of Lithuania for presenting a false conclusion or clarification. Professionals who are not officers of a pre-trial investigation body shall, in each case when they are called in to participate in proceedings, be warned of liability under Article 235 of the Criminal Code of the Republic of Lithuania for presenting a false conclusion or clarification.
3. Forensic physicians shall be professionals who examine a human body or corpse.
4. Forensic psychiatrists and forensic psychologists shall be professionals who examine a person’s mental state.
5. Psychologists participating in a questioning of a minor victim, a minor witness, a minor suspect, a minor accused person or a minor victim with special protection needs shall be professionals who assist in questioning these persons taking into account their social and psychological maturity and/or special protection needs. When necessary, these psychologists shall also participate in performing other actions of criminal proceedings. If these psychologists are requested to conduct an examination of objects and present a conclusion or clarifications on issues within their competence, they shall be warned of liability under Article 235 of the Criminal Code of the Republic of Lithuania for presenting a false conclusion or clarification. 
6. Probation officers shall be professionals who examine a person’s social environment, crime-causing factors as well as other circumstances which may help a court individualise probation conditions.
7. A professional shall have the right:


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1) to have access to the case file related to the examination of objects, questioning of the persons referred to in paragraph 5 of this Article or his participation in performing other actions of criminal proceedings;
2) to request to submit additional material necessary for the performance of the tasks assigned to him.
8. When summoned, a professional must appear before a pre-trial investigation officer, a prosecutor or a court and present an impartial conclusion or clarifications on the issues submitted to him or participate in performing other actions of criminal proceedings. A professional who fails to appear in the absence of compelling reasons or refuses to perform his duties without a legal basis therefor may be subject to the procedural coercive measures provided for in Article 163 of this Code. A professional shall be held liable for presenting a false conclusion or clarification under Article 235 of the Criminal Code of the Republic of Lithuania. 

Article 90. Professional’s conclusion


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1. Having carried out the assigned examination of objects, a professional shall present his conclusion.
2. A professional’s conclusion shall be drawn up as a separate document or may be entered in an investigative action record. The professional shall sign the conclusion entered in the investigative action record.
3. A professional’s conclusion, which shall be drawn up as a separate document, shall indicate: the professional’s personal data, namely, his forename, surname, education, field of expertise, qualification; the objects under examination; the investigative methods and technical means used; circumstances identified by the professional and relevant for the investigation of a criminal act or individualisation of probation conditions. The professional’s conclusion shall be accompanied by visual material.


CHAPTER VI
OBJECTS AND DOCUMENTS

SECTION ONE
OBJECTS

Article 91. Objects relevant to the investigation and hearing of a criminal act
The physical items which were the instruments or means of commission of a criminal act, the outcome of the criminal act or on which traces of the criminal act were preserved or which were the objects of criminal acts of the offender, as well as any other items which may serve as a means of detection of the criminal act and identification of the offenders or refutation of the charge or mitigation of liability shall be considered to be objects relevant to the investigation and hearing of the criminal act.

Article 92. Documentation in proceedings of objects relevant to the investigation and hearing of a criminal act and procedure for keeping them


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1. The objects relevant to the investigation and hearing of a criminal act, unless they need to be examined in accordance with the procedure laid down in Article 205 of this Code, must be visually inspected in accordance with the rules laid down in Article 207 of this Code. 
2. The objects which need to be examined shall be visually inspected and described in a professional’s conclusion.
3. The objects relevant to the investigation and hearing of a criminal act shall be kept and transferred together with the criminal act’s investigation material.
4. The objects which cannot be kept and transferred together with the criminal act’s investigation material due to ponderosity or for other reasons must, where possible, be photographed, sealed and stored at the place indicated by a pre-trial investigation officer, a prosecutor or a court.

Article 93. Time limits for keeping objects relevant to the investigation and hearing of criminal acts and procedure for transferring them


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1. Objects relevant to the investigation and hearing of a criminal act shall be kept until a judgment becomes final or until the expiry of a time limit within which an appeal against a decision or a ruling to terminate the proceedings may be filed. Where a dispute over the title to the objects is the subject of the contentious procedure, the objects shall be kept until a decision taken in that case under civil procedure becomes final.
2. Objects may be returned to their owners in the case and according to the procedure provided for in Article 108(2) of this Code and before the expiry of the time limits referred to in paragraph 1 of this Article, provided that this will not prejudice the ongoing criminal proceedings.
3. Money in circulation in the Republic of Lithuania or in the single currency of the European Union or officially authorised but not yet put into circulation which may be counterfeit or falsified must be transmitted to professionals of the Bank of Lithuania during criminal proceedings for analysis and storage in the shortest possible time. If it is necessary to take measures to protect these objects or where it would prejudice the ongoing criminal proceedings, money in circulation in the Republic of Lithuania or in the single currency of the European Union or legally authorised but not yet put into circulation which may be counterfeit or falsified may be withheld from being transmitted to the Bank of Lithuania, however in such cases the Bank of Lithuania must be given access thereto.
4. Highly perishable or rapidly declining objects for which the costs of storage, maintenance and keeping would be manifestly excessive and which cannot be returned to the owner shall be sold/transferred without delay in accordance with the procedure laid down in the Code of Civil Procedure of the Republic of Lithuania for the realisation of seized property. In the cases provided for by law, the owner shall be reimbursed for the value of the objects sold/transferred or destroyed. When adopting a decision to sell/transfer or destroy objects, also in the cases referred to in paragraph 3 of this Article,


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sell/transfer or destroy objects, also in the cases referred to in paragraph 3 of this Article, a prosecutor must ensure that the objects are duly examined and, where possible, that samples thereof are seized and kept until the expiry of the time limits laid down in paragraph 1 of this Article.
5. The procedure for the storage, sale/transfer and destruction of certain types of objects shall be established by the Government of the Republic of Lithuania or by the institutions authorised by it.

Article 94. Measures to be taken in respect of objects relevant to the investigation and hearing of a criminal act at the time of termination of proceedings and passing of a judgment


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1. At the time of passing of a judgment or termination of proceedings, the issue of objects relevant to the investigation and hearing of a criminal act shall be resolved as follows:


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1) the property referred to in Articles 72 and 723 of the Criminal Code of the Republic of Lithuania shall be confiscated;
2) the objects whose circulation has been prohibited shall be transmitted to state institutions or destroyed;
3) the documents having the characteristics provided for in Article 91 of this Code shall be kept as material for the investigation of the criminal act or shall be transferred to the undertakings, institutions, organisations or natural persons concerned at their request; media containing the information obtained in the course of covert surveillance carried out in accordance with the procedure laid down in Article 160 of this Code shall be returned to the pre-trial investigation bodies which have drawn up the accompanying documents without their request;
4) the objects which are of little value and cannot be used shall be destroyed or may be transferred to the undertakings, agencies, organisations or natural persons concerned if they so request;
5) other objects shall be returned to their rightful owners or, if these have not been identified, shall become the property of the State. Disputes arising out of the ownership of these objects shall be settled under civil procedure.
2. During a pre-trial investigation, the decisions referred to in paragraph 1 of this Article shall be taken by a prosecutor or a pre-trial judge terminating the pre-trial investigation or, at later stages of the proceedings, by a court hearing the case.
3. If, at the time of termination of a pre-trial investigation, the issue of confiscation of property referred to in Articles 72 or 723 of the Criminal Code of the Republic of Lithuania must be resolved, the pre-trial investigation shall be terminated by a decision of a pre-trial investigation judge validating a prosecutor’s decision to terminate the pre-trial investigation. When deciding on confiscation or extended confiscation of property, a hearing shall be held to which the prosecutor, the person whose property has been confiscated and his representative must be called in. Other persons may be called in


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person whose property has been confiscated and his representative must be called in. Other persons may be called in to the hearing by a decision of the pre-trial investigation judge. Participation in such a hearing of the prosecutor and the representative of the person whose property has been confiscated shall be necessary. The decision of the pre-trial investigation judge may be appealed against in accordance with the procedure laid down in Part X of this Code.
4. A court which has taken a decision referred to in paragraph 3 of this Article may, in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, transmit it for execution to the competent authority of another Member State of the European Union in which the property to be confiscated is located or in which the person whose property has been subject to confiscation is likely to be in possession of any income or property. 
5. On the grounds and in accordance with the procedure provided for in an international treaty of the Republic of Lithuania, where there is a request from a foreign body, a court may decide that, after a judgment becomes final, the objects and valuables acquired by criminal means may be transferred to the foreign body for return to rightful owners, provided that the latter have been identified and the legitimate interests of other persons are not prejudiced. The objects whose circulation has been prohibited shall not be transmitted to the foreign body.

SECTION TWO
DOCUMENTS

Article 95. Documents relevant to the investigation and hearing of a criminal act
Documents relevant to the investigation and hearing of a criminal act shall be the objects wherein an undertaking, an agency, an organisation, an official or a natural person records, by means of certain signs, the information which may help to detect a criminal act and to identify the circumstances relating to this act.

Article 96. Types of documents relevant to the investigation and hearing of a criminal act


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1) records of an inspection, search, seizure, presentation for identification, on-the-spot testimony verification, experiment and other procedural actions, as well as records of a trial;
2) documents of agencies, undertakings, organisations: letters, certificates, accounting records, minutes of meetings and other official documents;
3) natural persons’ private papers, motions, requests, complaints, letters, diaries and other written communication of a personal nature;
4) magnetic, laser and electronic recordings: audio and video tapes, CDs and other electronic information media;
5) other objects wherein the information relevant to the investigation and hearing of the criminal act is recorded by means of graphic or other signs.
2. Documents and other records shall be considered to be objects if they possess the characteristics specified in Article 91 of this Code.

SECTION THREE
EVOCATION AND SUBMISSION OF OBJECTS AND DOCUMENTS RELEVANT TO THE INVESTIGATION AND HEARING OF A CRIMINAL ACT

Article 97. Evocation of objects and documents relevant to the investigation and hearing of a criminal act
A pre-trial investigation officer, a prosecutor and a court shall have the right to evoke from natural and legal persons the objects and documents relevant to the investigation and hearing of a criminal act.

Article 98. Submission of objects and documents relevant to the investigation and hearing of a criminal act
A suspect, an accused person, a legal representative, a defence counsel, a victim, a civil claimant, a civil defendant, their representatives, as well as any natural or legal person may, of his own motion, submit the objects and documents relevant to the investigation and hearing of a criminal act. 

CHAPTER VII
TIME LIMITS IN CRIMINAL PROCEEDINGS

Article 99. Purpose of time limits
In criminal proceedings, time limits shall determine the time of the commencement, performance or completion of actions of procedural


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criminal proceedings, time limits shall determine the time of the commencement, performance or completion of actions of procedural value. In the cases provided for by law, the time limits may be set by a pre-trial investigation officer, a prosecutor, a judge and a court.

Article 100. Calculation of time limits


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1. Time limits of criminal proceedings shall be calculated in hours, days and months. When calculating the time limits, the hour and the day on which a time limit commences shall not be included.
2. A time limit calculated in days shall expire at the twenty-fourth hour of the last day. If a procedural action is to be performed before a pre-trial investigation officer, a prosecutor, a judge or in court, the time limit shall expire at the specified finish time of working hours.
3. A time limit calculated in months shall expire on the relevant day of the last month. If the last month does not have the relevant day, the time limit shall expire on the last day of that month.
4. If a time limit expires on a non-working day, the first working day following it shall be considered to be the last day of the time limit.
5. Terms of detention, remand and application of compulsory medical measures shall run from the actual moment of imposition of these measures. Upon the expiry of the terms of restriction of liberty as provided for in Article 127 of this Code, a person must be released without delay. This shall be compulsory even if a time limit expires on a non-working day.

Article 101. Compliance with time limits
1. Procedural actions shall be performed in compliance with the time limits laid down by this Code. A time limit shall not be considered to have been exceeded if a complaint or any other document was delivered to a post before the expiry of the time limit, or a complaint or any other document filed by detained persons or persons on remand was served on the administration of a pre-trial detention facility.
2. Where justified, time limits may, in accordance with the procedure laid down by this Code, be suspended or extended.

Article 102. Reopening of an exceeded time limit


