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a prosecutor, a defence counsel and other parties to the proceedings, however, failure of these persons to appear shall not have suspensory effect on the resolution of the issue.
5. In the cases when a court hearing is not held to resolve the issues referred to in this Article, the court shall, not later than within three days from the receipt of a submission or an request by the court, notify the persons concerned of the date of the consideration of the received submission, request or the issue considered of the court’s own motion and of the right to submit a statement of defence, motions for challenge and other requests within 14 days from the dispatch of the notification. Where the court hearing is not held, the issues referred to in this Article must be considered in court within seven days from the expiry of the time limit for the submission of statements of defence.
6. Where a court hearing is held to resolve the issues referred to in this Article, the consideration of the issue shall commence with a report of the presiding judge of the hearing. The court shall subsequently hear the persons who have appeared for the hearing. 
7. The court shall issue its ruling in the deliberation room.

Article 3621. Procedure for applying a law nullifying the criminality of an act, commuting a sentence or otherwise mitigating the legal position of the perpetrator of the act


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1. A law nullifying the criminality of an act, commuting a sentence or otherwise mitigating the legal position of the perpetrator of the act shall be applied by a court hearing a case at first instance based on requests of the convicted person or his defence counsel, submissions of a prosecutor or an executing institution.
2. When submitting requests or making submissions referred to in paragraph 1 of this Article and issuing court rulings, the provisions of Article 3 of the Criminal Code shall apply. 
3. A court hearing attended by a prosecutor may be held to hear a request or a submission. A convicted person who is not custody and, at the request of the convicted person, a defence counsel shall be summoned to participate in this court hearing. A convicted person serving a custodial sentence shall be summoned to the court hearing if necessary. Failure of the convicted person and the defence counsel to appear for the court hearing shall not have suspensory effect on the hearing of the case, unless the court rules that their presence is necessary. Where the court hearing is not held, the court shall, not later than within three days from the receipt of the request or the submission by the court, notify these persons of the date of the hearing of the received request or submission and of the right to submit a statement of defence, motions for challenge and other requests. Where the court hearing is not held, the issues referred to in this Article must be considered in court within seven days from the expiry of the time limit for the submission of statements of defence.
4. Having established that a request or a submission is well-founded, the court shall issue a ruling on release from a penalty, commutation of a sentence, reclassification of an act or expiry of conviction. If during the hearing of a criminal case a penalty was imposed in compliance with Articles 63 or 64 of the Criminal Code, the court shall impose a new combined sentence.
5. Having established that a request or a submission is unfounded,


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impose a new combined sentence.
5. Having established that a request or a submission is unfounded, the court shall issue a ruling to reject the request or the submission.
6. A prosecutor, a convicted person and his defence counsel shall have the right to appeal against a court ruling. The ruling shall be appealed against and the appeal shall be heard in accordance with the procedure laid down in Article 364 of this Code. A ruling of the court which has heard the appeal shall not be subject to appeal.

Article 363. Procedure for reducing the length of conviction or expunging conviction


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1. A request of the person who has served a sentence for reduction of the length of conviction or expungement of conviction shall be heard by a district court according to the place of residence of the person who has served the sentence in accordance with Article 97 of the Criminal Code of the Republic of Lithuania.
2. The court shall hear the request for reduction of the length of conviction or expungement of conviction at a court hearing upon having evoked a transcript of a judgment or a case file as well as other necessary documents describing the person who has served the sentence, his occupational activities and conduct. The person who has served the sentence and has submitted the request must appear for the court hearing.
3. The consideration of the issue of reduction of the length of conviction or expungement of conviction shall commence with a report of the presiding judge of the hearing. The court shall subsequently examine the available documents, hear the person who has served the sentence.
4. The court shall issue a ruling on reduction of the length of conviction or expungement of conviction in the deliberation room.
5. If the court issues a ruling to reject the request for reduction of the length of conviction or expungement of conviction, the court may reconsider these issues not earlier than one year after the rejection of the request.

Article 364. Appeal against rulings related to the execution of a judgment and hearing of appeals


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1. An appeal against a ruling of a district court related to the execution of a judgment shall be heard by a regional court, and an appeal against a ruling of a regional court – by the Court of Appeal of Lithuania.
2. Rulings on the issues referred to in Articles 361, 362, 3621, 363, 365 and 3651 of this Code may be appealed against by a prosecutor, a convicted person, a person in respect of whose property a decision on confiscation has been taken and their defence counsel, the legal representative of a minor convicted person, the representative of a legal person and, where the issue is related to the execution of a judgment in respect of a civil claim, also by a civil claimant and a civil defendant or their representatives. 
3. An appeal against a ruling of a district court shall be filed with a regional court, against a ruling of a regional court – with the Court of Appeal of Lithuania within seven days from the receipt of the ruling. For a prosecutor, the defence counsel of a convicted person and the legal representative of a minor convicted person in respect of the court rulings referred to in Article 360(2) and (4) of this Code and for a convicted person on remand, this time limit shall run from the service of a transcript of a ruling thereon. The appeal shall be filed through the court which issued the ruling. The court which has received the appeal shall, within three days from the receipt thereof by the court, notify the persons referred to in paragraph 2 of this Article of the received appeal and of the right to submit to a higher court a statement of defence, motions for challenge and other requests within 14 days from the dispatch of the notification, and shall transmit the appeal together with the material to the appropriate court. 
4. Filing of an appeal shall have suspensory effect on the execution of court rulings to stay the execution of a judgment, to release a convicted person from serving a sentence


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of court rulings to stay the execution of a judgment, to release a convicted person from serving a sentence on grounds of illness and rulings on the basis whereof the convicted person is to be conditionally released. 
5. The chair of a higher court or the chair of the criminal division thereof shall assign an appeal to a judge or a judicial panel of three judges and shall approve one of these judges as the chair of the judicial panel. Where a ruling appealed against was issued by a single judge in a lower court, the appeal shall be heard by a single judge in a higher court; where a ruling was issued by a judicial panel in a lower court, the appeal shall be heard by a judicial panel of three judges in a higher court.
6. Where an appeal has been filed on the grounds aggravating the position of a convicted person, a court hearing may, and in other cases must, be held to hear the appeal which may be attended by a prosecutor, a person who filed the appeal, also a convicted person and his defence counsel. Failure of these persons to appear, provided that they were informed in due time of the date of the court hearing, shall not have suspensory effect on the hearing of the appeal. If the appeal seeks to aggravate the position of the convicted person, the convicted person on remand shall, where necessary, be delivered before the court.
7. When hearing an appeal at a court hearing, a person who filed it may provide clarifications to adjust and supplement the arguments of the appeal, as well as submit documents related to the appeal. The persons participating in the hearing shall have the right to provide clarifications concerning the appeal. The appeal must be heard within seven days from the receipt of the appeal by a higher court or, where a court hearing is not held, within seven days from the expiry of a time limit for submitting statements of defence. 
8. Having heard an appeal, a court shall issue one of the following


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1) to dismiss the appeal and to uphold a court ruling;
2) to annul a court ruling and to take a new decision on the appeal;
3) to amend a court ruling.
9. A ruling of a regional court and the Court of Appeal of Lithuania shall become final from the issue thereof and shall not be subject to appeal.

Article 365. Execution of judgments of courts of foreign states and decisions of the International Criminal Court


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1. Judgments of courts of foreign states and decisions of the International Criminal Court shall be executed in the Republic of Lithuania on the basis of international treaties of the Republic of Lithuania in accordance with the rules laid down therein and in Part VII of this Code.
2. A request of a competent authority of a foreign state for execution in respect of a penalty, a penal sanction or a reformative sanction imposed by a court of the foreign state shall be heard by a district court of the place of residence of a convicted natural person or the location of the registered seat of a convicted legal person. This rule shall not apply to execution of custodial sentences and compulsory medical measures. 
3. A custodial sentence imposed by a judgment of a court of a foreign state shall be adapted to requirements of the criminal and penal laws of the Republic of Lithuania in the cases and under the conditions provided for in an international treaty of the Republic of Lithuania and the type of a correctional facility shall be determined by a district court in the territory of activities whereof the place of custody of the convicted person taken over from the foreign state is located on a submission of the administration of the correctional facility executing this custodial sentence. Where the convicted person is within the territory of the Republic of Lithuania and he is not in custody, the issue of adaptation of the custodial sentence shall be decided by the district court of the convicted person’s place of residence upon receipt of a request from the Ministry of Justice of the Republic of Lithuania. 
4. A court shall resolve the issues referred to in paragraphs 2 and 3 of this Article by issuing a ruling in accordance with the procedure laid down in Article 362 of this Code. A convicted person, his defence counsel and a prosecutor may appeal against the court ruling in accordance with the procedure laid down in Article 364 of this Code.
5. A compulsory medical measure applied by a court of a foreign state shall be adapted to laws of the Republic of Lithuania by a


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applied by a court of a foreign state shall be adapted to laws of the Republic of Lithuania by a district court of the place of application of the measure upon receipt of a request of the Ministry of Justice of the Republic of Lithuania. A court ruling on this issue shall be issued and may be appealed against in accordance with the procedure laid down in Article 405 of this Code.

Article 3651. Recognition of a financial penalty imposed by the competent authority of a Member State of the European Union in the Republic of Lithuania


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1. A financial penalty imposed by the competent authority of a Member State of the European Union shall be recognised by a district court of the place of residence of a natural person on whom the financial penalty has been imposed or of the location of the registered seat of a legal person on which the financial penalty has been imposed. If the natural person on whom the financial penalty has been imposed does not have a place of residence in the Republic of Lithuania or if the legal person on whom the financial penalty has been imposed does not have a registered seat in the Republic of Lithuania, the financial penalty shall then be recognised by a district court of the location of the property or the principal part thereof against which recovery may be levied.
2. Upon receipt of the decision of the competent authority of the Member State of the European Union imposing the financial penalty, the district court shall, within seven days from the receipt of the decision, hold a court hearing. The court shall summon to the hearing the person on whom the financial penalty has been imposed, his defence counsel and a prosecutor, however, failure of these persons to appear shall not have suspensory effect on the consideration of the issue. The consideration of the issue shall commence with a report of the presiding judge of the hearing. Thereafter, the court shall hear the persons who have appeared for the hearing and shall issue a ruling to recognise the financial penalty or a ruling to refuse to recognise the financial penalty. The court shall issue the ruling in the deliberation room.
3. The court shall refuse to recognise the financial penalty where:
	1) the enforcement of the financial penalty would violate fundamental human rights and freedoms;
2) the decision against the person on whom the financial penalty has been imposed in respect of the same acts has been delivered in the Republic of Lithuania or in any state other than the issuing State, and that decision has been executed;
3) the financial penalty has been imposed in respect of an act which does not constitute a crime or


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the financial penalty has been imposed in respect of an act which does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania, except for the cases where the financial penalty has been imposed in respect of the criminal acts listed in Article 5(1) of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties;
4) the financial penalty has been imposed in respect of an act which may be covered by the criminal law of the Republic of Lithuania, and the limitation period for the execution of a judgment of conviction as provided for in Article 96 of the Criminal Code of the Republic of Lithuania has expired; 
5) the person on whom the financial penalty has been imposed enjoys immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania;
6) at the time of committing an act, the person on whom the financial penalty has been imposed due to his age could not yet have been held criminally liable under the Criminal Code of the Republic of Lithuania for the criminal act committed by him;
7) the financial penalty has been imposed in accordance with the written procedure and the person on whom the financial penalty has been imposed was not, in accordance with the law of the issuing State, informed in person or via a representative, competent according to the national law of the issuing State, of his right to contest the case and of the time limits for such a remedy;
8) the financial penalty has been imposed in the absence of the person on whom the financial penalty has been imposed, unless the certificate referred to in point 11 of paragraph 3 of this Article states that the person, having been informed about the proceedings under the law of the issuing State and the possibility to appear in person for the hearing of the case, expressly waived the right to participate in the hearing of the case under the oral procedure and expressly indicated that he did not contest the case;
9) the financial penalty has


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oral procedure and expressly indicated that he did not contest the case;
9) the financial penalty has been imposed on the person who did not appear in person for the hearing of the case in court which led to the decision rendered in absentia, unless the certificate referred to in point 11 of paragraph 3 of this Article states that:
a) he was summoned in person in due time or by other means actually received official information of the scheduled date and place of the hearing of the case in such a manner that it was unequivocally established that he was aware of the scheduled hearing of the case, and he was also informed that a decision may be handed down if he did not appear for the hearing of the case, or 
b) while being aware of the scheduled hearing of the case, the person had given a mandate to a defence counsel who was chosen by him or who was appointed by the State to defend him during the hearing of the case, and was indeed defended by that defence counsel during the hearing of the case, or
c) after being served with the decision and being expressly informed about the right to a retrial or appeal in which he has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined and which may lead to the original decision being quashed, the person expressly stated that he did not contest the decision or did not request a retrial or an appeal in the applicable timeframe;


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10) the amount of the financial penalty is below the amount provided for in Article 7(2)(h) of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties;
11) the certificate provided for in Article 4 of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties is not produced or is incomplete or manifestly does not correspond to the decision delivered against the person on whom the financial penalty has been imposed;


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12) the documents received have not been translated into Lithuanian or English. 
4. In the cases provided for in points 1, 4, 7, 8, 9, 11 and 12 of paragraph 3 of this Article, a court shall request the competent authority of a Member State of the European Union to provide additional information within a time limit laid down by the court. In such a case, the court shall adjourn a hearing. If the required information is not received within the time limit laid down by the court, the court shall issue a ruling to refuse to recognise the financial penalty.
5. Where necessary, the amount to be paid shall, under a court ruling, be converted in accordance with the euro foreign exchange reference rates published by the European Central Bank or, where the European Central Bank does not publish the euro foreign exchange reference rates, in accordance with the euro foreign exchange reference rates established and published by the Bank of Lithuania at the time when the financial penalty was imposed. Where the competent authority of a Member State of the European Union imposes a financial penalty in respect of an act not committed within the territory of that State and where this act may be covered by the law of the Republic of Lithuania, the court shall reduce the amount of the financial penalty to be paid to the maximum amount provided for a criminal act of the same kind under the Criminal Code of the Republic of Lithuania.
6. Where the court decides to refuse to recognise the financial penalty, the competent authority of a Member State of the European Union shall be notified without delay of this ruling and the reasons for issuing it. 
7. The prosecutor, the person on whom the financial penalty has been imposed or his defence counsel may appeal against a court ruling to recognise the financial penalty or a court ruling to refuse to recognise the financial penalty in accordance with the procedure laid down in Article 364 of this Code.

Article 3652. Enforcement of a financial penalty imposed by the competent authority of a Member State of the European


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3652. Enforcement of a financial penalty imposed by the competent authority of a Member State of the European Union in the Republic of Lithuania


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1. A financial penalty imposed by the competent authority of a Member State of the European Union and recognised in accordance with the procedure laid down in Article 3651 of this Code shall be enforced in accordance with the relevant laws of the Republic of Lithuania and having regard to the specific features provided for in this Article. 
2. No longer effective from 1 July 2018.
3. Depending on its nature, a financial penalty or parts thereof must be paid into the accounts of a territorial state tax inspectorate, the Crime Victims Fund or a victim or third parties. Where necessary, a court shall specify by a ruling the institutions or persons into accounts whereof the relevant parts of the financial penalty must be paid. 
4. Where a person on whom the financial penalty has been imposed provides data that all financial penalties or parts thereof were paid in another state, a court shall refer in writing to a competent authority of the Member State of the European Union requesting to provide all necessary information without delay. Upon receipt of a reply of the competent authority of the Member State of the European Union, the court shall deduct the recovered parts of the financial penalty from the amount to be recovered in the Republic of Lithuania. If necessary, a court hearing may be held in which the person on whom the financial penalty has been imposed, his defence counsel and a prosecutor shall have the right to participate.
5. The financial penalty may be replaced by an alternative penalty or penal sanction only in the cases and to the extent specified in advance by the competent authority of the Member State of the European Union which has imposed the financial penalty in a certificate as provided for in Article 4 of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties. 
6. The person on whom the financial penalty has been imposed may be granted amnesty or pardon in whole or in part. 
7. Upon receipt of a notification from the competent authority of the Member State of


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part. 
7. Upon receipt of a notification from the competent authority of the Member State of the European Union withdrawing the requirement to enforce the imposed financial penalty, the court shall, without delay, issue a ruling to terminate enforcement of the financial penalty.
8. The competent authority of the Member State of the European Union shall be informed without delay in writing about the enforcement of the financial penalty, its total or partial non-enforcement, its replacement by alternative sanctions or penal sanctions.

Article 3653. No longer effective from 19 December 2020.

Article 3654. No longer effective from 19 December 2020.

Article 3655. Recognition and execution in the Republic of Lithuania of certain types of penalties or other measures as imposed by the Member States of the European Union
Judgments passed by a court of a Member State of the European Union regarding a custodial sentence, decisions regarding penalties not involving deprivation of liberty, confiscation orders and decisions regarding probation shall be recognised and executed in the Republic of Lithuania in accordance with the provisions of 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 and Part VII of this Code. 

PART VIII
PROCEEDINGS IN A COURT OF CASSATION

CHAPTER XXVI
FILING OF AN APPEAL AGAINST AN FINAL JUDGMENT OR RULING AND PREPARATION OF A CASSATION CASE

Article 366. Court of cassation


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1. The Supreme Court of Lithuania shall hear under cassation procedure the cases regarding final judgments or rulings rendered under appeal procedure in courts of first instance and courts of appeal.
2. Cassation cases shall be heard at a court hearing by 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 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.

Article 367. Right to appeal against a court judgment or ruling under cassation procedure


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1. A prosecutor, a victim, his representative, a convicted person, an acquitted person, a person whose case has been dismissed, his defence counsel and legal representative, a person whereto compulsory medical measures have been applied or have not been applied, his defence counsel and legal representative, family members or close relatives, also a civil claimant, a civil defendant and their representatives, a bailsperson, a person whose property or a sum of money equivalent to its value has been forfeited and their representative shall have the right to appeal against a final judgment or ruling on the grounds provided for in Article 369 of this Code.
2. The defence counsel of the convicted person, the acquitted person or the person whose case has been dismissed shall have the right to file an appeal in cassation only if this does not contradict the will of the defendant expressed in writing. In the cases when the case was heard in the absence of an accused person, the defence counsel of the convicted person, the acquitted person or the person whose case has been dismissed may file an appeal in cassation, unless there is the will of the convicted person, the acquitted person or the person whose case has been dismissed expressed in writing. The defence counsel of a person who, by reason of his physical or mental impairments, is unable to exercise his right to defence and of a minor may file an appeal in cassation regardless of the will of the defendant. A civil claimant, a civil defendant and their representatives shall have the right to appeal against a judgment or a ruling only in respect of a civil claim. A bailsperson, a person whose property or a sum of money equivalent to its value has been forfeited, their representative may appeal against a judgment or a ruling only in respect of the decision in question. 
3. Judgments or rulings which have not been appealed against or heard under appeal procedure shall not be appealed against or heard under cassation procedure. A final judgment or ruling may be appealed against under


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be appealed against or heard under cassation procedure. A final judgment or ruling may be appealed against under cassation procedure only in respect of the issues which were considered in an appellate court.
4. Only the rulings listed in Article 318(1) and Article 326(1) and (5) of this Code shall be appealed against under cassation procedure.
5. Repeated cassation appeals shall not be admitted or heard. A repeated appeal in cassation shall be a cassation appeal filed in a criminal case by the same party to proceedings for the second time after completing the hearing of the case by a court of cassation, also an appeal filed by the defence counsel of an adult convicted person or acquitted person or person whose case has been dismissed in his own name upon completion of the hearing of the case under an appeal in cassation of the convicted person, the acquitted person or the person whose case has been dismissed, or an appeal filed by a convicted person or an acquitted person or a person whose case has been dismissed upon completion of the hearing of the case under an appeal filed by the defence counsel of the adult convicted person or acquitted person or person whose case has been dismissed.

Article 368. Appeal in cassation


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1. A final court judgment or ruling shall be appealed against by an appeal in cassation.
2. An appeal in cassation must indicate: the name of a court of cassation; a judgment or ruling appealed against; legal arguments substantiating grounds for filing the appeal and hearing the case under cassation procedure as referred to in Article 369 of this Code; the request of the appellant in cassation. The appeal in cassation shall be signed by the appellant in cassation.
3. The appellant in cassation shall have the right to withdraw the appeal in writing. An appeal filed by a prosecutor may also be withdrawn by a senior prosecutor. A defence counsel may withdraw his appeal only upon coordination thereof in writing with a convicted person, an acquitted person or a person whose case has been dismissed. Coordination shall not be necessary with a person who, by reason of his physical or mental impairments, is unable to exercise his right to defence or with a minor. It shall be permitted to withdraw an appeal in cassation before the commencement of the hearing of a case in court. If, at the time of withdrawal of the appeal, the time limits referred to in Article 370 of this Code have not expired, a new appeal in cassation may be filed.

Article 369. Grounds for filing an appeal and hearing a case under cassation procedure
1. A final judgment or ruling shall be appealed against and cases shall be heard under cassation procedure if:


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1) a criminal law was incorrectly applied;
2) material infringements of this Code were committed.
2. A criminal law shall be considered to have been incorrectly applied where the provisions of the general part of the Criminal Code of the Republic of Lithuania have been incorrectly applied, also where criminal acts are classified not in accordance with those articles, paragraphs and points of the Criminal Code of the Republic of Lithuania according to which this ought to have been done.
3. Infringements of requirements of this Code shall be considered to be material infringements of this Code where they have resulted in the restriction of the rights of an accused person as guaranteed by laws or have precluded a court’s thorough and impartial hearing of a case and rendering of a correct judgment or ruling.

Article 370. Time limits for filing an appeal in cassation
1. Appeals against a final judgment or ruling may be filed within three months from their becoming final.
2. Where the persons referred to in Article 367(1) and Article 404 of this Code fail to comply with a time limit for filing an appeal in cassation for the reasons recognised by a court as compelling, the exceeded time limit may be reopened. A motion for reopening of the exceeded time limit for filing an appeal in cassation may not be filed after the lapse of more than one year from a ruling’s or a judgment’s becoming final. The reopening of the time limit shall be decided by a selection board.

Article 371. Procedure for filing an appeal in cassation
Appeals in cassation against final judgments and rulings of courts of first instance and of appeal shall be filed with the Supreme Court of Lithuania.

Article 372. Procedure for admitting an appeal in cassation


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1. Upon receipt of an appeal in cassation, the President of the Supreme Court of Lithuania, the Chair of the Criminal Division of the Court or, under their assignment, a justice of the Criminal Division of the Court shall verify whether the appeal is repeated, whether it was filed within the time limit laid down in Article 3701) of this Code, whether there is any prohibition to appeal against a court judgment or ruling as provided for in Article 367(3) of this Code and whether the ruling is appealed against under cassation procedure pursuant to Article 367(4) of this Code. A repeated appeal in cassation, an appeal filed after exceeding a time limit for filing an appeal in cassation, also an appeal filed against a judgment or ruling which may not be appealed against under cassation procedure shall be returned to the appellant in cassation. An unsigned appeal in cassation shall also be returned to the appellant in cassation.
2. If there are no grounds for returning the appeal to the appellant in cassation as provided for in paragraph 1 of this Article, the case file shall be evoked and shall be transmitted together with the appeal to a selection panel of three justices formed by the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of this Court.
3. The selection panel shall, under the written procedure, decide on the issue of admission of the appeal in cassation. The appeal in cassation shall be deemed to have been admitted if at least one of the members of the selection panel votes in favour thereof. Participation of a justice in the selection panel when deciding on the issue of admission of the appeal in cassation shall not preclude him from hearing the case under that appeal in cassation.
4. The admission of the appeal in cassation shall be refused if it:


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1) was filed after exceeding a time limit for filing an appeal in cassation and there is no request for reopening of the exceeded time limit or the request for reopening of the time limit has been rejected;
2) was filed in respect of a judgment or a ruling which may not be appealed against under cassation procedure in accordance with Article 367(3) or (4) of this Code;
3) does not meet the requirements set out in Article 368(2) of this Code;
4) clearly does not conform to the grounds provided for in Article 369 of this Code;
5) was filed by a person who has no right to file an appeal in cassation;
6) is repeated.
5. The issue of admission of the appeal in cassation shall be resolved by a ruling. This ruling shall be final and not subject to appeal. In the event of refusal to admit the appeal in cassation, the ruling shall state the reasons for such a decision. The appeal in cassation which has not been admitted shall be returned to the person who filed it.
6. If the admission of an appeal in cassation is refused on the grounds referred to in points 3 and 4 of paragraph 4 of this Article, the appellant in cassation shall, having remedied the deficiencies, have the right to file a new appeal in cassation without prejudice to the time limit laid down in Article 370(1) of this Code. Such an appeal in cassation shall not be considered to be repeated.
7. After resolving the issue of admission of the appeal in cassation, the appeal in cassation may not be supplemented or amended.
8. Having decided to admit the appeal in cassation, the selection panel shall decide by the same ruling whether the case is to be heard under the oral or written procedure. A cassation case shall be heard under the oral procedure in the cases provided for in Article 3742 of this Code. In other


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heard under the oral procedure in the cases provided for in Article 3742 of this Code. In other cases, the cassation case shall be heard under the written procedure.

Article 373. Preparation of a cassation case for hearing upon admission of an appeal in cassation by a selection panel


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1. Where an appeal in cassation is admitted by a selection panel, the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court shall form a judicial panel of three judges, appoint the chair and the rapporteur of the judicial panel and, upon coordination with the rapporteur, lay down a time limit for the preparation of the case. If necessary, the judge-rapporteur shall evoke additional material.
2. Having accessed the appeal in cassation and the case, the judges of the judicial panel shall have the power to decide, in accordance with Article 3742 of this Code, that the case to be heard under the written procedure by a decision of the selection panel must be heard under the oral procedure. After the judicial panel prepares the cassation case, the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court shall fix a date for the hearing of the cassation case.
3. Where the cassation case must be heard under the oral procedure, the judge-rapporteur shall instruct to summon to court the persons listed in Article 375 of this Code. Where the appeal in cassation is filed in the case to be heard under the oral procedure on the grounds aggravating the position of a convicted person, an acquitted person or a person whose case has been dismissed, a transcript of the appeal in cassation shall be sent to the convicted person or the acquitted person or the person whose case has been dismissed.
4. In the case provided for in Article 378(4) of this Code, the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court may, where a selection panel admits an appeal in cassation, decide to refer it for hearing before an extended judicial panel of seven justices or at a plenary session of the Criminal Division of the Supreme Court of Lithuania.
5. On a proposal of a selection panel or a court hearing a case, the President of


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On a proposal of a selection panel or a court hearing a case, the President of the Supreme Court of Lithuania may form for the hearing of the case a mixed judicial panel of three justices of the Criminal Division and the Civil Division or an extended judicial panel of seven justices or a plenary session of the court. Such a panel shall be formed and cases shall be heard within it in accordance with the rules for the formation of judicial panels of a court of cassation and hearing of cases within them as laid down in this Code.

Article 374. Stay of execution of a court judgment and ruling


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1. A selection panel which admitted an appeal in cassation or a judicial panel which was assigned the hearing of a cassation case or a judge appointed by the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court may stay by a ruling the execution of any judgment and ruling of a court of the Republic of Lithuania or part thereof until the case is resolved at a hearing of a court of cassation.
2. Repeat requests for the stay of execution of a judgment or a ruling shall not be admitted or heard, except in the cases when new circumstances transpire.

Article 3741. Hearing of a cassation case under the written procedure


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1. Where a decision has been taken on the hearing of a cassation case under the written procedure and the date of the hearing of the cassation case has been fixed, an appellant in cassation, a prosecutor and the parties to the proceedings whose interests are affected by the appeal in cassation shall, on an instruction of a judge-rapporteur, be notified about the hearing of the case under the written procedure, the composition of the judicial panel which will hear the case and shall be proposed to submit statements to defence to the appeal in cassation and shall be instructed as to the right to file motions for challenge and submit requests in writing. Statements of defence to appeals in cassation, motions for challenge and requests must be submitted within 20 days from the receipt of a notification of the hearing of the case under the written procedure. The prosecutor must submit his statement of defence to the appeal in cassation. Failure of other parties to the proceedings to submit statements to defence to the appeal in cassation shall not preclude the hearing of the case under the written procedure. The prosecutor shall send a copy of his statement of defence to the appeal in cassation to the other parties to the proceedings whose interests are affected by the appeal in cassation. Copies of other statements of defence to the appeal in cassation shall be sent to these parties to the proceedings by a court of cassation. Copies of the statements of defence to the appeal in cassation shall not be sent to the prosecutor, the victim, the civil claimant and their representatives. 
2. When hearing a cassation case under the written procedure, parties to proceedings shall not be called in to a court hearing. 
3. Upon completion of the hearing of a case under the written procedure, a ruling shall be issued in accordance with the procedure laid down in Article 377 of this Code. Transcripts of the ruling shall be served on or sent to parties to the proceedings on the grounds and in accordance with the procedure laid down


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served on or sent to parties to the proceedings on the grounds and in accordance with the procedure laid down in Article 385 of this Code. The court ruling shall not be pronounced in the courtroom, unless the court decides otherwise.
4. A judicial panel of three judges hearing a case under the written procedure may, pursuant to Article 374(2) of this Code, refer the cassation case for hearing under the oral procedure.

Article 3742. Cases when a cassation case is heard under the oral procedure


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1. A cassation case shall be heard under the oral procedure where:
1) an appeal in cassation has been filed on the grounds aggravating the position of a convicted person, an acquitted person or a person whose case has been dismissed, or
2) the case has been referred for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court of Lithuania, or
3) the case has been heard, in accordance with the procedure of first instance, by a judicial panel of three judges of the criminal division of a regional court, or
4) an appellate court has, in the cases provided for in points 1-3 of Article 329 of this Code, annulled a judgment of a court of first instance and pronounced a new judgment, or
5) a selection panel or a judicial panel formed for the hearing of the case decides that it is necessary to hear oral clarifications of parties to the proceedings.
2. Where several appeals in cassation are to be heard in a case, the case shall be heard under the oral procedure if it has been decided to hear at least one of them under the oral procedure.

CHAPTER XXVII
HEARING OF A CASSATION CASE

Article 375. Persons participating in a court hearing when hearing a cassation case under the oral procedure


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1. A prosecutor shall participate in a court hearing when hearing a cassation case under the oral procedure. The hearing shall be attended by a defence counsel called in by a convicted person, an acquitted person or a person whose case has been dismissed, or by other persons with the consent of the convicted person, the acquitted person or the person whose case has been dismissed, or a defence counsel called in by a person whereto compulsory medical measures have been applied or have not been applied or by the person’s legal representative or by the person’s family members or close relatives. A convicted person on remand shall be notified of the right to request the appointment of a defence counsel within seven days from the receipt of the notification.
2. The persons listed in Article 367(1) of this Code shall also have the right to participate in a court hearing when hearing a cassation case under the oral procedure. A person whereto compulsory medical measures have been applied or have not been applied may participate in the court hearing unless, based on an expert’s conclusion, his illness precludes him from doing so.
3. If an appeal in cassation is filed on the grounds aggravating the position of a convicted person or an acquitted person, the convicted person must, if held on remand, be delivered before a court. A convicted person who is not in custody, an acquitted person or a person whose case has been dismissed shall be called in to a court hearing under a summons. If the convicted person, the acquitted person or the whose case has been dismissed is temporarily absent, the summons shall be served against signature on any adult person residing together with him or on the administration of the place of employment of the convicted person, the acquitted person or the person whose case has been dismissed. Failure to appear of the persons who have been informed of the court hearing shall not preclude the hearing of the case.
4. Participation in a court hearing of a convicted person, an acquitted


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hearing of the case.
4. Participation in a court hearing of a convicted person, an acquitted person, a person whose case has been dismissed as well as a person whereto compulsory medical measures have been applied or have not been applied may be ensured by audiovisual transmission.

Article 376. Limits of powers of a court when hearing a cassation case


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1. When hearing a cassation case, a court shall verify, from the point of view of application of law, the judgments and rulings rendered in respect whereof an appeal has been filed.
2. If several persons have been convicted in a case, a court shall hear the case in respect of the convicted person who is the subject of the filed appeal. However, if the incorrect application of a criminal law and material infringements of this Code may have affected other convicted persons, the court shall verify whether a lawful judgment has been passed also against other convicted persons who have not filed appeals.
3. When hearing a cassation case, a court may apply a law providing for a less serious criminal act or dismiss criminal case. The court shall have the right to apply a law providing for a more serious criminal act only if it is requested in the filed appeal. The court may impose a less or more severe penalty if an incorrect penalty is related to the incorrect application of a criminal law. The court may impose a more severe penalty if such an appeal is filed, however, it shall not have the right to impose a more severe penalty by imposing a life custodial sentence.
4. When applying a different criminal law or imposing a new penalty, the court shall rely on the evidence adduced at first instance and on appeal.

Article 377. Hearing of a cassation case under the oral procedure


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1. The persons referred to in Article 375 of this Code shall be given access in court to the appeal in cassation and to the additional material collected.
2. A court of cassation shall hear cases in open court, except for the cases referred to in Article 9 of this Code.
3. The chair of a judicial panel shall, at the time fixed for the hearing of a case, commence a court hearing and announce what case is to be heard, who filed an appeal in cassation and what is the court judgment or ruling in respect whereof the case is to be heard. The chair of the judicial panel shall subsequently check who has appeared for the hearing or whether the persons referred to in Article 322 of this Code have been informed of the date of the hearing of the case. The chair of the judicial panel shall announce the full names of the judges hearing the case, the prosecutors, the defence counsel, representatives, interpreters and the clerk of the hearing participating in the hearing and shall ask the persons appearing for the hearing whether they intend to file motions for challenge. The court shall hear such motions in accordance with the procedure laid down in Articles 57-59 and 61 of this Code.
4. The chair of the judicial panel shall ask the persons who have appeared for the hearing whether they have requests. The court shall issue a ruling on the submitted requests.
5. One of the judges shall set out the merits of the case in a report.
6. Following the judge’s report, parties to the proceedings shall have the right to provide oral clarifications. If the appeal was filed by a prosecutor, a victim or his representative, the said persons shall take the floor first, and the first of them shall be the person who filed the appeal. In other cases, a convicted person, an acquitted person or a person whose case has been dismissed, his defence counsel and his legal representative shall take the floor first, and the first of them shall be the


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defence counsel and his legal representative shall take the floor first, and the first of them shall be the person who filed the appeal. The floor shall subsequently be given to the parties to the proceedings who have not provided clarifications. Later, all parties to the proceedings shall be granted the right to provide additional clarifications. The convicted person, the acquitted person or the person whose case has been dismissed or his defence counsel or legal representative shall be last to provide additional clarifications.
7. After the clarifications have been provided and the judges have taken a decision on the bench or in the deliberation room, the chair of the judicial panel shall notify of the date and place of pronouncement of a ruling. When issuing and pronouncing the ruling of the court of cassation, the judicial panel shall act in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.
8. If, upon completion of the hearing of the case under cassation procedure, the convicted person must be released from the place of custody, the ruling must be delivered for execution on the day of its pronouncement.

Article 378. Referral of a case for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court of Lithuania


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1. A cassation case heard before a judicial panel of three judges may be referred for hearing before an extended judicial panel of seven judges if the correct application of a criminal or criminal procedure law in the case would result in a new interpretation of a rule of law in case-law.
2. A cassation case heard before a judicial panel of three judges may be referred for hearing at a plenary session of the Criminal Division of the Supreme Court of Lithuania if the application of a criminal or criminal procedure law in the case would allow to depart from the case-law of the Supreme Court of Lithuania.
3. A case shall be referred for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court of Lithuania by a ruling of the judicial panel at any time during a court hearing. This ruling shall be pronounced at the hearing.
4. The President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Supreme Court may refer a case for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court where a judge appointed as rapporteur in accordance with the procedure laid down in Article 373 of this Code, having familiarised himself with the appeal in cassation and the case file, foresees that the decisions provided for in paragraphs 1 and 2 of this Article may be taken during the hearing of the cassation case.

Article 379. Hearing of a case before an extended judicial panel of seven judges


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1. A case shall be prepared for hearing before an extended judicial panel of seven judges in accordance with the rules provided for in Article 373 of this Code and the provision that the extended judicial panel of seven judges shall normally include the judges hearing the same case before a judicial panel of three judges.
2. A case shall be heard before an extended judicial panel of seven judges in compliance with the requirements of Article 377 of this Code.
3. An extended judicial panel of seven judges may, on the grounds provided for in Article 378(2) of this Code, refer a case for hearing at a plenary session of the Criminal Division of the Supreme Court of Lithuania.

Article 380. Hearing of a case at a plenary session of the Criminal Division of the Supreme Court of Lithuania


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1. A case shall be heard at a plenary session of the Criminal Division of the Supreme Court of Lithuania in accordance with the requirements of Article 377 of this Code, with the exceptions provided for in this Article.
2. A plenary session shall be valid if attended by at least two-thirds of justices of the Criminal Division of the Supreme Court of Lithuania.
3. A plenary session shall be presided over by the President of the Supreme Court of Lithuania or, in his absence, by the Chair of the Criminal Division of the Court. In the absence of the President of the Supreme Court and the Chair of the Criminal Division, the plenary session of the Criminal Division of the Supreme Court of Lithuania shall be presided over by a justice of the Division appointed by the President of the Supreme Court.
4. A ruling of a plenary session shall be issued by a majority vote of the justices attending the session. If there is a tie, the presiding justice of the plenary session shall have a casting vote.
5. A ruling issued at a plenary session shall be signed by all the justices participating in the session.

Article 381. Termination of court proceedings, stay of the hearing of a cassation case


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1. Upon withdrawal of an appeal by an appellant in cassation or by a senior prosecutor, a court shall leave the appeal unheard and terminate the court proceedings. At the beginning of a hearing, a judicial panel may, at the request of parties to the proceedings or of its own motion, consider whether the appeal in cassation should be heard. The court shall issue a ruling on this issue.
2. If a party to proceedings whose appearance for an oral hearing is recognised by a court as necessary fails to appear for the hearing on grounds of illness or for any other compelling reason, the hearing of a cassation case shall be stayed. 
3. The hearing of a cassation case shall also be stayed if it is necessary to refer to the Constitutional Court of the Republic of Lithuania for its decision on whether a law or any other legal act is in compliance with the Constitution of the Republic of Lithuania or if it is necessary to refer to a competent judicial authority of the European Union for a preliminary ruling on the interpretation or validity of legal acts of the European Union or if it is necessary to request the European Court of Human Rights to give an advisory opinion on points of principle relating to the interpretation or application of the rights and freedoms defined in the Convention for the Protection of Human Rights and Fundamental Freedoms or its protocols. 

Article 382. Rulings of a court upon completion of the hearing of a cassation case
Having completed the hearing of a cassation case, a court shall issue one of the following rulings:


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1) to dismiss the appeal in cassation;
2) to annul a judgment and subsequent court rulings and to dismiss the case;
3) to annul a judgment and a judgment or a ruling of an appellate court and refer the case for retrial in a court of first instance if the case was heard by a biased court of first instance or the case was heard in violation of the rules of jurisdiction laid down in Articles 224 and 225 of this Code;
4) to annul a judgment or a ruling of an appellate court and to uphold a judgment or a ruling of a court of first instance (whether amended or not);
5) to annul a judgment or ruling of an appellate court and to refer the case for retrial under appeal procedure;
6) to amend a court judgment or a court ruling.

Article 383. Grounds for annulling and amending a judgment or a ruling in a court of cassation
A court of cassation shall annul and amend a judgment or a ruling on the grounds specified in Article 369 of this Code.

Article 384. Content of a ruling of a court of cassation


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1. A ruling of a court of cassation shall consist of an introductory part, a descriptive part and an operative part.
2. The introductory part shall indicate: the date and place of issue of the ruling; the name and composition of the court which issued the ruling; a prosecutor, a defence counsel and other parties to the proceedings participating in the hearing of the criminal case at an oral hearing of the court of cassation; the appellant in cassation; the name of the court which passed a judgment or a ruling appealed against, the date of passing of the judgment or issue of the ruling and the content of the operative part; requests of the parties to the proceedings participating in the cassation case.
3. The descriptive part shall briefly state the circumstances of the case referred to in the judgment or the ruling under appeal in relation to the appeal in cassation, present the substance of the appeal in cassation, the substance of statements of defence to the appeal in cassation, and present reasoned conclusions of the court of cassation on the appeal in cassation.
4. The operative part shall indicate a decision of the court of cassation on the appeal in cassation.
5. If an appeal in cassation is dismissed, a ruling must state the reasons explaining why the appeal in cassation is considered to be unfounded and a judgment or a ruling appealed against is recognised as lawful.
6. If a judgment or a ruling is annulled and the case is dismissed, a ruling must indicate the grounds for dismissing the case.
7. If a judgment or a ruling is annulled and the case is referred for retrial in court, a ruling must indicate specific material infringements of this Code or provide an explanation of how the incorrect application of a criminal law manifested itself.
8. If a judgment or a ruling is amended, a ruling must provide an explanation of how the incorrect application of a criminal law manifested itself as well as indicate the articles of this


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explanation of how the incorrect application of a criminal law manifested itself as well as indicate the articles of this Code which were infringed.
9. A ruling of a court of cassation shall be signed by all judges of a judicial panel.


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10. A judge who, at the time of issuing a ruling, had a different opinion shall have the right to state it in writing. The separate opinion shall not be published, but shall be appended to the case file.

Article 385. Service of transcripts of a ruling of a court of cassation
1. Transcripts of a ruling of a court of cassation shall be served immediately after the pronouncement thereof on an appellant in cassation, as well as on an acquitted person, a convicted person or a person whose case has been dismissed, the interests of whom are affected by the ruling of the court of cassation. If these persons did not participate in the pronouncement of the ruling or did not accept a transcript thereof immediately after the pronouncement thereof, transcripts of the ruling must be served on or sent to them not later than within five days from the pronouncement of the ruling. Transcripts of the ruling shall be served on or sent to other persons who participate in the hearing of the cassation case or the interests of whom are affected by the appeal in cassation at their request within five days from the receipt of the request.
2. In the cases referred to in Article 257 of this Code, a court of cassation shall send to a prosecutor’s office a transcript of a ruling concluding cassation proceedings or of a separate ruling.

Article 386. Hearing of a case where a judgment of a court of first instance or a judgment or a ruling of an appellate court has been annulled


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1. If a court of cassation annuls a judgment of a court of first instance or a judgment or a ruling of an appellate court, the case must be heard in accordance with the general procedure.
2. Instructions of a court of cassation shall be binding in the event of retrial of a case. However, the court of cassation shall not have the right to determine in advance the conclusions which may be drawn by a court when retrying the case.
3. When retrying a case, a court of first instance or an appellate court shall have the right to impose a more severe penalty or to apply a criminal law providing for a more serious criminal act only where a judgment or a ruling is annulled on the ground that the law providing for a more serious criminal act needs to be applied, also where, in the course of retrial of a case following the annulment of a judgment, a court establishes the circumstances showing that an accused person committed a more serious criminal act.
4. Upon completion of the retrial of a case, a judgment passed by a court of first instance or a judgment and a ruling of an appellate court may be appealed against in accordance with the general procedure.

PART IX
SPECIFIC FEATURES OF CRIMINAL PROCEDURE WHEN INVESTIGATING AND HEARING SPECIFIC CATEGORIES OF CASES

CHAPTER XXVIII
PROCEEDINGS IN RESPECT OF CRIMINAL ACTS COMMITTED BY LEGAL PERSONS

Article 387. Procedure for the conduct of proceedings


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1. The procedure for the conduct of proceedings regarding criminal acts committed by legal persons shall be laid down by the general rules of this Code with the exceptions provided for in the articles of this Chapter.
2. Where proceedings regarding criminal acts have been opened separately in respect of a legal person and in respect of a natural person, such acts must, as a general rule, be investigated jointly. Procedural actions and decisions shall be taken in respect of the legal person in accordance with the general rules of this Code and the exceptions laid down in the articles of this Chapter or, in respect of the natural person, in accordance with the general rules of this Code.
3. Proceedings regarding a criminal act may be opened or continued in respect of a legal person separately from a natural person who allegedly committed the criminal act for the benefit or in the interests of the legal person:


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1) where, regarding the criminal act committed by the natural person, the limitation period for the passing of a judgment of conviction has expired, but this period has not expired yet in respect of the legal person; 
2) where the natural person is released from criminal liability and his case is dismissed; 
3) where a court judgment concerning the same charges becomes final in respect of the natural person; 
4) where the hearing of the case is stayed or terminated in respect of the natural person due to a mental disorder which he began to suffer from following the commission of the criminal act and which rendered him unable to understand the substance of his actions or to control them;
5) where the natural person dies and, as a result, the proceedings are not opened or are terminated against him;
6) where the competent authority of a foreign state does not give a permission to prosecute the natural person; 
7) where the natural person goes into hiding from a pre-trial investigation or a court or his whereabouts are unknown;
8) where the natural person is not in the Republic of Lithuania and evades appearing before a court, and the court decides, in accordance with the procedure laid down in Article 433 of this Code, to continue the proceedings against the legal person and to stay the hearing of the case against the natural person;
9) when a prosecutor decides in the course of a pre-trial investigation, or a court hearing the case decides in the course of the court proceedings, to separate the proceedings against the legal person and against the natural person who allegedly committed the criminal act for the benefit or in the interests of the legal person if it is believed that this will speed up the proceedings against the legal or against the natural person;


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10) where the complex management structure of the legal person or other circumstances preclude identification, prosecution or conviction of a specific natural person who committed the criminal act, but there is a ground for believing that the criminal act was committed by one or more natural persons referred to in Article 20(2) or (3) of the Criminal Code of the Republic of Lithuania or that the criminal act was committed by joint acts/omissions of these persons;


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11) in other cases when criminal proceedings are not opened or continued against the natural person who allegedly committed the criminal act. 
4. When hearing a criminal case against a legal person in the cases referred to in points 1, 2, 3 and 4 of paragraph 3 of this Article, the issue of guilt and criminal liability of a natural person who committed a criminal act for the benefit or in the interests of the legal person shall not be considered. The court shall rely on the decisions taken or conclusions in this or any other criminal case on the basis whereof the fact of commission of the criminal act by the natural person has been established. In the cases referred to in points 1, 2 and 3 of paragraph 3 of this Article, a natural person having the legal status of a convicted person and/or his defence counsel shall be summoned to the hearing of the case in court, however their absence shall not have suspensory effect on the proceedings. The court shall have the right to question the natural person and to perform with him other actions of the examination of evidence.
5. When hearing a criminal case against a legal person in the cases referred to in points 5, 6, 7, 8, 9 and 11 of paragraph 3 of this Article, the issue of criminal liability of a natural person who committed a criminal act for the benefit or in the interests of the legal person shall not be considered. The court shall rely on the evidence collected in this or any other criminal case, the decisions taken or the conclusions on the basis whereof it is decided on the fact of commission of the criminal act by the natural person. The accused natural person shall be subject to the provisions of Articles 435 and 436 of this Code. If, in the course of hearing of the case in court, it transpires that the just resolution of the case is impossible without the participation of the accused natural person, the hearing of the case shall be stayed or a decision shall be taken on the joining of the criminal cases


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hearing of the case shall be stayed or a decision shall be taken on the joining of the criminal cases in respect of the natural person and in respect of the legal person. 

Article 388. Representative of a legal person to be prosecuted


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1. A representative of a legal person to be prosecuted may be the manager or an employee of the legal person or an advocate authorised by the legal person to act as a representative in proceedings.
2. Where a person produces an authorisation to act as a representative in proceedings, a pre-trial investigation officer shall adopt a decision to recognise the person as a representative of a legal person.
3. If a legal person appoints as a representative a person not fit to act in the capacity of a representative or does not appoint any representative at all, a pre-trial investigation officer shall have the right to appoint by a decision a representative of the legal person.
4. A representative of a legal person in proceedings shall enjoy all the rights granted to a suspect and an accused person under this Code as well as perform the duties of these parties to the proceedings.

Article 389. Temporary procedural coercive measures applied to a legal person


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1. The following procedural coercive measures may be imposed upon a legal person: temporary suspension of activities of the legal person and temporary restriction of activities of the legal person.
2. Activities of the legal person shall be temporarily suspended or temporarily restricted at the request of a prosecutor by a ruling of a pre-trial investigation judge or of a court.
3. Temporary suspension of activities of the legal person or temporary restriction of activities of the legal person shall be imposed in the cases when the activities of the legal person to be prosecuted may interfere with the unhindered course of criminal proceedings, also may prejudice economic practices, cause damage to finance, nature, public security and intellectual property.
4. In a ruling to temporarily suspend activities of a legal person, the legal person shall be obligated to temporarily discontinue all economic, commercial, financial or professional activities provided for in incorporation documents and to close all divisions. The ruling shall set a period of temporary suspension of activities of the legal person. At the request of a prosecutor, this period may be extended by a ruling of a pre-trial investigation judge or of a court.
5. A ruling to temporarily restrict activities of a legal person shall prohibit a legal person from engaging in certain activities provided for in incorporation documents and obligate it to close a certain division of the legal person. The ruling shall set a period of temporary restriction of activities of the legal person.
6. A ruling whereby activities of a legal person are temporarily suspended or activities of a legal person are temporarily restricted shall be delivered to a bailiff for execution.
7. A ruling shall be notified to a representative of a legal person against his signature.
8. A representative of a legal person may appeal to a higher court against a ruling of a pre-trial investigation judge or of a court to temporarily suspend the activities of the legal person or to temporarily restrict the activities of the legal person within seven days from the receipt of the ruling.
9. A prosecutor may appeal


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the legal person within seven days from the receipt of the ruling.
9. A prosecutor may appeal against a ruling of a pre-trial investigation judge or a court not to impose temporary suspension of activities of a legal person or temporary restriction of activities of a legal person within the time limits and in accordance with the procedure laid down in paragraph 8 of this Article.

Article 390. Passing of a judgment in a case in which a legal person is tried


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1. In a criminal case where a legal person and a natural person are jointly prosecuted and tried, a court shall pass one judgment. The operative part of this judgment shall separately set out the court’s decisions concerning the legal person and the natural person. The judgment may be appealed against under appeal procedure by a representative of the convicted legal person and the convicted natural person as well as other participants in the hearing in court in accordance with the procedure laid down in Article 313 of this Code.
2. If a criminal case against a legal person is heard separately, a court shall pass a judgment only in respect of the legal person. A representative of the convicted legal person and other participants of the hearing in court shall have the right to appeal against this judgment under appeal procedure in accordance with the procedure laid down in Article 313 of this Code. The judgment passed in respect of the legal person shall not bind a court hearing a natural person’s case if such a case is to be heard in the future. If new circumstances transpiring upon completion of the hearing of such a case allow to annul the judgment or ruling rendered in respect of the legal person and to reopen the criminal case, proceedings due to the newly transpired circumstances may be opened in accordance with the procedure laid down in Article 446 of this Code. 

Article 391. Execution of a judgment restricting the activities of a legal person or liquidating a legal person
A judgment restricting the activities of a legal person or liquidating a legal person shall, in accordance with the procedure laid down in Article 342 of this Code, be delivered to a bailiff for execution.

CHAPTER XXIX
PROCEDURE FOR APPLYING COMPULSORY MEDICAL MEASURES

Article 392. Grounds for applying compulsory medical measures


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1. A court shall apply the compulsory medical measures specified in Article 98 of the Criminal Code of the Republic of Lithuania to the persons who have been declared by the court as being of mental incapacity, also to the persons who, following the commission of a criminal act or imposition of a penalty, began to suffer from a mental disorder that rendered them unable to understand the substance of their actions or to control them.
2. Compulsory medical measures may be applied to persons who have been declared by a court as being of diminished capacity in the cases provided for in Article 18(2) of the Criminal Code of the Republic of Lithuania.
3. The procedure for applying compulsory medical measures shall be laid down by the general rules of this Code with the exceptions provided for in the Articles of this Chapter.

Article 393. Grounds for initiating the procedure of application of compulsory medical measures
1. Proceedings initiated in accordance with the general procedure shall become a procedure of application of compulsory medical measures if it is established during a pre-trial investigation or in the course of hearing of a case in court that a person is of mental incapacity or of diminished incapacity or that, following the commission of a criminal act, he began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them.
2. Compulsory medical measures shall also be applied in the cases when, following the imposition of a penalty, a person began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them.

Article 394. Initiation of the procedure of application of compulsory medical measures
1. Where, in the course of a pre-trial investigation or in the course of hearing of a case in court, the circumstances referred to in Article 393(1) of this Code are established, a pre-trial investigation officer, a prosecutor, a judge or a court shall take the following decisions:


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1) the pre-trial investigation officer shall transmit the investigation material to the prosecutor. Where justified, the prosecutor shall endorse initiation of the procedure of application of compulsory medical measures and assign to a pre-trial investigation body the conduct of a pre-trial investigation or shall conduct it himself;
2) during the hearing of the case in court, the judge or the court shall issue a ruling to initiate the procedure of application of compulsory medical measures.
2. Where the circumstances referred to in Article 393(1) of this Code are established following the imposition of a penalty, the court shall take the following decisions:
1) before a judgment becomes final and its execution is commenced, the court shall take charge of the case and decide to initiate the procedure of application of compulsory medical measures;
2) where the execution of the judgment has already commenced and on a submission of an executing institution, a court of the place where the sentence is to be served shall, upon having evoked the criminal case file, decide to initiate the procedure of application of compulsory medical measures.

Article 395. Circumstances to be proved
In the course of proceedings regarding an act committed by a person who is of mental incapacity or diminished capacity, also proceedings in respect of a person who, following the commission of a criminal act, began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them, the following must be proved:


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1) the time, place, manner and other circumstances of commission of the act prohibited by a criminal law;
2) whether the act prohibited by the criminal law was committed by that person;
3) whether the perpetrator of the act prohibited by the criminal law has a history of mental illness, the severity and character of the mental illness of the person at the time of commission of the act, during a pre-trial investigation, the hearing of the case in court or following the imposition of a penalty;
4) what is the conduct of the perpetrator of the act prohibited by the criminal law both before and after the commission of the act;
5) the nature and extent of damage caused by the act prohibited by the criminal law.

Article 396. Procedure for conducting a pre-trial investigation
1. It shall be allowed to refer a person for forensic psychiatric examination only if there is sufficient evidence that he is the perpetrator of an act, as prohibited by a criminal law, which is the subject of an investigation.
2. If the mental state of the perpetrator of a criminal act prohibited by a criminal law precludes the performance of procedural actions involving him, a pre-trial investigation officer shall draw up a record to that effect.
3. In the cases provided for in Article 393(1) of this Code, participation of a defence counsel shall be necessary from the time of ordering a psychiatric examination, unless he previously participated in proceedings on general grounds.

Article 397. End of a pre-trial investigation
1. Where a pre-trial investigation is concluded in the cases provided for in Article 393(1) of this Code, a prosecutor shall adopt one of the following decisions:


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1) to dismiss the case in the cases provided for in Article 3 of this Code – if the circumstances which preclude the proceedings are established;
2) to refer the case for hearing in court – if it is established that there are grounds for applying compulsory medical measures to the person.
2. If a person is suffering from a mental disorder and the case has been dismissed on the basis of point 1 of paragraph 1 of this Article, a court may, at a prosecutor’s request, hand him over for guardianship to family members or close relatives or other persons and may concurrently place the mentally disordered person under medical observation.

Article 398. Decision to refer a case to court
1. When referring a case to court for the application of compulsory medical measures, a prosecutor shall draw up a decision.
2. A decision to refer a case to court shall indicate: the forename, surname, date of birth, personal number, marital status, profession, place of employment and, at the discretion of a prosecutor, other data of the person whereto compulsory medical measures may be applied; the place, time, manner, consequences and other material circumstances of commission of an act prohibited by a criminal law; data on a victim; grounds for applying compulsory medical measures.
3. A prosecutor shall send a transcript of a decision to refer a case to court or a decision to dismiss the case to a victim and a defence counsel.

Article 399. Actions of a judge in preparing a trial


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1. A judge shall, upon receipt of a case from a prosecutor, refer it for hearing at a trial, notify thereof the legal representatives or family members or close relatives of a person whose case is being heard, his defence counsel and the prosecutor, and order the summoning of witnesses, victims and experts.
2. A judge shall have the right to request that a person whose case is being heard be delivered before a court unless, based on an expert’s conclusion, the nature of his illness precludes him from doing so.

Article 400. Procedure for and limits of hearing in court
1. The hearing in court of a case which has been received in accordance with the procedure laid down in Article 398 of this Code shall be conducted in accordance with the general procedure.
2. At a trial, victims and witnesses must be questioned, other evidence must be verified that the person concerned committed an act prohibited by a criminal law, an expert’s conclusion on mental incapacity or diminished capacity must be heard, and other circumstances material to deciding on the application of compulsory medical measures must be verified.

Article 401. Resolution of a case in court
1. A court shall resolve a case by a ruling. It shall be issued in the deliberation room.
2. When issuing a ruling, a court must resolve the following issues:


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1) whether an act prohibited by a criminal law was committed;
2) whether the act prohibited by the criminal law was committed by a person whose case is being heard;
3) whether the person committed the act prohibited by the criminal law while being in a state of mental incapacity or in a state of diminished capacity;
4) whether, following the commission of a criminal act, the person concerned began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them and whether this is a temporary mental disorder requiring only the staying of the hearing of the case;
5) whether a compulsory medical measure should be applied and which one.

Article 402. Hearing and resolution of a case in court in the cases when a person begins to suffer from a mental disorder following the imposition of a penalty
1. If a person begins to suffer from a mental disorder following the imposition of a penalty and before a judgment becomes final and its execution is commenced, a case shall be heard by a court which passed the judgment.
2. If a person begins to suffer from a mental disorder after the execution of a judgment has already commenced, a case shall be heard by a court of the place where the sentence is to be served.
3. In the cases provided for in paragraphs 1 and 2 of this Article, upon having evoked a criminal case file, a court shall consider the issue of application of compulsory medical measures at a trial. A prosecutor and a defence counsel must participate in therein. The trial shall establish circumstances which are material to deciding on the application of compulsory medical measures: an expert’s conclusion concerning the mental state of a convicted person shall be heard, employees of the place of sentence and other persons shall be questioned as witnesses, other data about the conduct of the convicted person following the imposition of the penalty shall be verified.
4. When issuing a ruling, the court must resolve the following issues:


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1) whether, following the imposition of a penalty, the convicted person began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them;
2) whether a compulsory medical measure should be applied to the convicted person and which one.

Article 403. Court rulings
1. Having completed the hearing of a case regarding the application of compulsory medical measures, a court shall issue one of the following rulings:


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1) to apply to the person a compulsory medical measure – if it has been proved that he committed an act prohibited by a criminal law while being in a state of mental incapacity;
2) to release the person from criminal liability and apply to him a compulsory medical measure – if it has been proved that he committed an act prohibited by a criminal law while being in a state of diminished capacity in the case referred to in Article 18 of the Criminal Code of the Republic of Lithuania;
3) to stay the hearing of the case or execution of a sentence and to apply a compulsory medical measure – if it has been proved that, following the commission of a criminal act or imposition of a penalty, the person began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them;
4) to dismiss the case and not to apply a compulsory medical measure – if it has been proved that, according to the nature of a committed act and his pathological state, the person is not dangerous to the public and does not require compulsory medical treatment;
5) to refer the case for reinvestigation – if it has not been established that the person is of mental incapacity or if his mental disorder is not such as to preclude the imposition of the penalty;
6) to dismiss the case – if it has not been proved that the person committed an act prohibited by a criminal law or if there are circumstances, as listed in Article 3 of this Code, which preclude the proceedings.
2. In the cases provided for in points 1-3 of paragraph 1 of this Article, a court may, acting pursuant to Article 98 of the Criminal Code of the Republic of Lithuania, apply one of the following compulsory medical measures:


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1) out-patient observation under the conditions of primary mental health care;
2) in-patient observation under the conditions of a general observation at specialised mental health care institutions;
3) in-patient observation under the conditions of an enhanced observation at specialised mental health care institutions;
4) in-patient observation under the conditions of a strict observation at specialised mental health care institutions.
3. When dismissing the case and not applying compulsory medical measures to a person, a court may hand him over to family members or close relatives or other persons for guardianship or curatorship and may concurrently place him under medical observation.
4. The issues referred to in Article 307(6) and (7) of this Code shall also be resolved by a court ruling.

Article 404. Persons entitled to appeal against a court ruling
The right to appeal against a court ruling to apply a compulsory medical measure shall be vested in a person whose case was heard, his legal representative, family members or close relatives, a defence counsel, a victim, his representative and a prosecutor. Appeals and appeals in cassation shall be filed and heard in accordance with the rules laid down in Parts VI and VIII of this Code.

Article 405. Extension of the application of a compulsory medical measure, change of the type or lifting thereof
1. When applying a compulsory medical measure, a court shall not fix the duration of application thereof. It shall be applied until a person recovers or his mental state improves and he no longer represents a danger.
2. A court must, at least once every six months, decide on extension of the application of a compulsory medical measure, change of the type or lifting thereof.
3. The court shall consider and resolve the issues of extension of the application, change of the type or lifting of a compulsory medical measure on the basis of a conclusion by a health care institution and shall issue one of the following rulings:


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1) to extend the application of the compulsory medical measure – if the person’s state of health has not changed;
2) to change the type of the compulsory medical measure previously applied – if the person’s state of health has changed;
3) to lift the compulsory medical measure applied – if the person has recovered and the need to apply such measure ceases to exist.
4. Extension of the application of a compulsory medical measure, change of the type or lifting thereof shall be decided by a court according to the place of application of the measure. When considering this issue, a representative of a health care institution which submitted a conclusion on the state of health of the person concerned must participate in a court hearing. A judge shall have the right to request that the person who is subject to extension of the application of the compulsory medical measure, change of the type or lifting thereof be delivered to the hearing, unless this is precluded by the nature of his illness based on conclusions of a medical commission. The court must notify the persons referred to in Article 404 of this Code of the place and date of the hearing. Failure of such persons to appear shall not preclude the consideration of the issue.
5. The application of compulsory medical measures shall be extended, the type thereof shall be changed or they shall be lifted by a court’s ruling.
6. The persons listed in Article 404 of this Code shall have the right to appeal against a court’s rulings to extend the application of, change or lift a compulsory medical measure in accordance with the procedure laid down in Part X of this Code.

Article 406. Reopening of proceedings against a person whereto a compulsory medical measure was applied


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1. Where a person who, following the commission of a criminal act or imposition of a penalty, experienced a mental disorder resulting in the application of a compulsory medical measure is recognised by a medical commission as having recovered, a court shall, in accordance with the procedure laid down in Article 405 of this Code, issue a ruling to lift the applied compulsory medical measure and shall decide whether to refer the case to a pre-trial investigation or to refer it for hearing in court under the general procedure or to refer the person to continue serving the sentence.
2. The time spent at a health care institution shall be included in the period of remand and serving of a sentence.

CHAPTER XXX
No longer effective from 1 October 2017.

CHAPTER XXXI
PROCEEDINGS IN ACCORDANCE WITH THE SIMPLIFIED PROCEDURE

SECTION ONE
PROCEDURE FOR ISSUING A COURT’S PENAL ORDER

Article 418. Prosecutor’s right to decide to conclude proceedings by a penal order


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1. With regard to the criminal acts which may be punishable by any penalty as a single or alternative penalty, with the exception of the cases when a criminal act may be punishable only by a fixed-term custodial sentence or a life custodial sentence, the hearing of a case in court may be omitted and the penalty shall be imposed by a court’s penal order. The procedure for issuing the court’s penal order shall be applied only where the offender compensates for or eliminates the damage caused, where damage has been caused, or undertakes to compensate for or to eliminate such damage.
2. A judge shall have the right to draw up a penal order upon receipt of a prosecutor’s motion for the conclusion of proceedings by a court’s penal order.
3. If, in the course of a pre-trial investigation, a prosecutor decides to refer to a judge for the conclusion of proceedings by a court’s penal order and an accused person does not object thereto, an indictment shall not be drawn up. In this case, the prosecutor shall draw up a motion which, together with the material collected during the pre-trial investigation, shall be sent to the court according to its jurisdiction.
4. Having taken a decision to conclude proceedings by a court’s penal order, a prosecutor must notify a victim thereof. The victim may, within seven days from the receipt of such a notification, appeal against the prosecutor’s decision to a pre-trial investigation judge. The appeal shall be heard in accordance with the procedure laid down in Article 64 of this Code.
5. A European Delegated Prosecutor or a European Prosecutor shall, when drawing up a motion for the conclusion of proceedings by a penal order, act in compliance with the rules laid down in Regulation (EU) 2017/1939, the provisions of this Article and Article 419 of this Code. 

Article 419. Content of a prosecutor’s


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and Article 419 of this Code. 

Article 419. Content of a prosecutor’s motion
A prosecutor’s motion for the conclusion of proceedings by a court’s penal order must:


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1) indicate the forename, surname, date of birth, personal number, marital status, profession, place of employment and, at the discretion of the prosecutor, other personal data of an accused person;
2) include a brief description of an act for the commission whereof the accused person must be punished by the penal order;
3) indicate a criminal law providing for liability for the committed criminal act;
4) list the main data on which the charge is based;
5) specify the type and level of the penalty proposed to be imposed on the accused person and state the accused person’s opinion thereon.

Article 420. Judge’s decisions 
1. Having received a prosecutor’s motion for the conclusion of proceedings by a court’s penal order and the material collected during a pre-trial investigation, a judge must, not later than within seven days, take one of the following decisions:
1) to draw up a court’s penal order;
2) to refer the case for hearing in court in the cases provided for in Article 423 of this Code;
3) to terminate criminal proceedings in the cases provided for in Article 424 of this Code.
2. Where a victim has appealed against a prosecutor’s decision to conclude proceedings by a court’s penal order, the time limit referred to in paragraph 1 of this Article shall run from completion of the hearing of the appeal.

Article 421. Content of a court’s penal order
A court’s penal order drawn up by a judge must:


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1) indicate the data listed in points 1-4 of Article 419 of this Code;
2) contain a decision to find an accused person guilty; 
3) indicate the type and level of the penalty to be imposed upon the accused person;
4) indicate decisions regarding confiscation of property, extended confiscation of property, prohibition to exercise a special right, imposition of a supervision measure against the accused person, compensation for the damage caused by a criminal act, further use of material evidence, compensation for costs of proceedings;
5) instruct as to the right of the accused person to request to hold the hearing of the case in court.

Article 422. Right of an accused person to request to hold the hearing of a case in court
1. A court’s penal order drawn up by a judge shall be served on an accused person, and if the accused person is temporarily absent, the court’s penal order shall be served against signature on any adult person residing together with him or on the administration of the place of employment of the accused person. The accused person who objects to the imposition of a penalty by the court penal order shall have the right, within 14 days from the service of this document, to submit a request to the court which drew up the court penal order requesting to hold the hearing of the case in court.
2. If an accused person submits a request to hold the hearing of a case in court, a court’s penal order shall not acquire legal power. If the accused person fails to exercise this right, the court’s penal order shall become final and shall be executed in accordance with the procedure laid down by this Code. A court’s penal order which has become final shall not be subject to appeal.

Article 423. Referral of a case for hearing in court of a judge’s own motion


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1. A judge shall issue a ruling to refer a case for hearing in court if the circumstances of the case are not sufficiently clear and the doubts which arose may be eliminated only during the hearing in court.
2. Having issued the ruling referred to in paragraph 1 of this Article, the judge must send a transcript of a prosecutor’s motion for the conclusion of proceedings by a court’s penal order to an accused person.

Article 424. Termination of proceedings 
1. A judge shall issue a ruling to terminate criminal proceedings after establishing that there are circumstances precluding the proceedings. Having issued the ruling to terminate the proceedings, the judge must notify thereof an accused person, a victim and a prosecutor. The prosecutor and the victim shall have the right, within seven days from the receipt of the notification of the issue of the ruling, to appeal to a higher court against the judge’s ruling to terminate the proceedings.
2. If, upon hearing the appeal, the higher court annuls the ruling to terminate the proceedings, another judge of the same court whose ruling has been annulled must take one of the decisions provided for in points 1 and 2 of Article 420(1) of this Code.

Article 425. Hearing of a case in court at the request of an accused person or of a judge’s own motion


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1. Upon receipt of an accused person’s request to hold the hearing of a case in court, the court must hold the hearing of the case not later than after the lapse of ten days from the receipt of the request. The hearing of the case in court of a judge’s own motion must be held after the lapse of not less than three days and not more than ten days from the receipt by the accused person of a transcript of a prosecutor’s motion for the conclusion of proceedings by a court’s penal order.
2. The hearing of the case in court held at the request of the accused person or of the judge’s own motion shall be conducted in accordance with the rules laid down in Part V of this Code, except that during the hearing in court the prosecutor shall, instead of reading out an indictment, present the substance of the charges based on the motion for the conclusion of proceedings by a court’s penal order.
3. The case shall be heard by the same court to which the prosecutor sent the motion for the conclusion of proceedings by a court’s penal order, however, if the hearing of the case in court was held at the request of the accused person, the judge who issued the court’s penal order may not participate in the hearing of the case.
4. After hearing the case and finding the accused person guilty, the court may impose a penalty of a different type or level than the one imposed by the court’s penal order. If this is provided for by a criminal law, a custodial sentence may also be imposed. Where the incorrect application of a criminal law and material infringements of this Code may have affected other accused persons who did not submit their requests, the court shall check whether the penal order is well-founded and lawful also in respect of these accused persons. In compliance with the provisions of this paragraph, the legal status of the accused persons who did not submit


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In compliance with the provisions of this paragraph, the legal status of the accused persons who did not submit requests to hold the hearing of the case in court may not be subject to aggravation.
5. A judgment passed by the court may be appealed against in accordance with the general procedure.

SECTION TWO
PROCEEDINGS UNDER THE ACCELERATED PROCEDURE

Article 426. Prosecutor’s right to decide to conclude a criminal case under the accelerated procedure


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1. Where the circumstances of commission of a criminal act are clear and a criminal case concerning the commission of that act must be heard by a district court, a prosecutor may, on the day of commencement of a pre-trial investigation or not later than within 14 days from the commencement of the pre-trial investigation, file with a court which has jurisdiction over the case a motion for the hearing of the case under the accelerated procedure.
2. In the case referred to in paragraph 1 of this Article, a prosecutor shall not draw up an indictment, however, he shall transmit to a court, together with a motion, the material collected during a pre-trial investigation, provided that procedural actions have been performed. The prosecutor together with a pre-trial investigation body must notify an accused person, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives and witnesses of the date and place of a court hearing at which the case will be heard under the accelerated procedure. Victims, civil claimants and civil defendants questioned in the course of the pre-trial investigation shall also be informed that their failure to appear without compelling reasons shall be considered as consent to hear the case in absentia and shall not preclude the hearing of the case, except where the court recognises that their participation is necessary.
3. A European Delegated Prosecutor or a European Prosecutor shall, when drawing up a motion for the hearing of a case under the accelerated procedure, act in accordance with the rules laid down in Regulation (EU) 2017/1939 and in accordance with the procedure laid down in this Article and Article 427 of this Code. 

Article 427. Content of a prosecutor’s motion


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1. A prosecutor’s motion for the hearing of a case under the accelerated procedure must indicate an accused person’s forename, surname, date of birth, personal number, marital status, profession, place of employment, data on previous convictions and, at the prosecutor’s discretion, other personal data; a brief description of a committed criminal act: the place, time, manner and consequences of the commission thereof; a criminal law providing for liability for that act shall be indicated; witnesses and victims on whose testimony the charges are based or whose questioning is requested at a trial, the objects and documents relevant to the hearing of the case shall be listed; the prosecutor’s position and the accused person’s opinion on the possibility of not calling in witnesses to the hearing of the case shall be set forth.
2. The prosecutor must serve one copy of the motion for the hearing of the case under the accelerated procedure on the accused person.

Article 428. Actions of a court upon receipt of a prosecutor’s motion for the hearing of a case under the accelerated procedure


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1. When a prosecutor’s motion for the hearing of a case under the accelerated procedure is received in a court, a court hearing shall be held without delay or another date and time of the court hearing shall be fixed and the prosecutor shall be notified thereof. The first court hearing, if not held on the same day, must be held not later than within 14 days from the receipt by the court of the prosecutor’s motion for the hearing of the case under the accelerated procedure. At the beginning of this hearing, the prosecutor shall read out his motion. A judge shall subsequently ask an accused person whether he understands the prosecutor’s charges and whether he agrees to be tried without delay or whether he wishes to have the hearing of the case conducted at a later date. The accused person may base a request to hold the hearing of the case at a later date solely on the grounds that he needs time to prepare for his defence. When making such a request, the accused person must indicate how much time he needs to prepare for his defence.
2. Having heard the opinions of the prosecutor, the victim, the accused person and the defence counsel, the judge shall take one of the following decisions:
1) to hold the hearing of the case in court without delay;
2) to hold the hearing of the case in court on the next day;
3) to reject the prosecutor’s motion for the hearing of the case under the accelerated procedure.
3. The decisions referred to in paragraph 2 of this Article shall be entered in a record of the court hearing and shall not be subject to appeal.

Article 429. Rejection of a prosecutor’s motion for the hearing of a case under the accelerated procedure or referral of the case to the prosecutor
1. A judge shall take a decision to reject a prosecutor’s motion for the hearing of a case under the accelerated procedure in the following cases:


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1) where he establishes that the time limit provided for in Article 426 of this Code has been exceeded;
2) where he establishes that the case falls within the jurisdiction of a regional court.
2. Where, in the course of hearing of the case in court, it is established that the prosecutor’s motion for the hearing of the case under the accelerated procedure is materially inconsistent with the requirements of Article 427 of this Code, the case shall be referred to the prosecutor.
3. The judge’s decision to reject the prosecutor’s motion for the hearing of the case under the accelerated procedure and the judge’s ruling to refer the case to the prosecutor may be appealed against in accordance with the procedure laid down in Part X of this Code.
4. Where, in the cases specified in paragraph 1 of this Article, the prosecutor’s motion for the hearing of the case under the accelerated procedure is rejected, a pre-trial investigation shall continue under the general procedure.

Article 430. Actions of a court where it is decided to hold a hearing in court at a later date


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1. If an accused person does not consent to the hearing of a case without delay on the grounds that he needs time to prepare for his defence, a judge must fix a later date for the hearing of the case in court. In this case, the hearing in court must be held after the expiry of a time limit requested by the accused person to prepare for his defence, but not later than after the lapse of 20 days. The judge shall fix a specific date for the hearing of the case in court after hearing the opinions of all the parties to the proceedings.
2. At the same hearing, when fixing a new date for the hearing of a case in court, the judge shall, at the request of a prosecutor or other parties to the proceedings or of his own motion, question witnesses or victims who appear before the court and also question the accused person subject to his consent. The witnesses and victims who have already been questioned shall be questioned at a later stage during the hearing of the case in court only at a reasoned request of one of the parties to the proceedings or at the request of the court. Where the court hearing the case considers that the request to question the witnesses or the victim has the purpose of delaying the proceedings, it may reject the request.
3. The judge may, at the prosecutor’s request or of his own initiative, decide to impose on the accused person the supervision measure of remand on the grounds and in accordance with the procedure laid down in Chapter XI of this Code.
4. The judge must serve summons on parties to the proceedings who appear before the court and must be summoned to participate in the hearing of that case in court at a later date.

Article 4301. Actions of a court when an accused person fails to appear before the court


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1. If an accused person who has been notified of the date and place of the hearing of a case fails to appear for a trial for compelling reasons, a judge shall fix a later date for the hearing of the case and shall serve on the accused person a summons to stand trial.
2. The judge must serve summons on parties to the proceedings who appear before the court and must be summoned to participate in the hearing of that case in court at a later date.

Article 431. Specific features of participation of a defence counsel in accelerated proceedings
Where a person suspected of having committed a criminal act did not call in a defence counsel or did not have a defence counsel called in before his appearance before a court or where the defence counsel who was called in by the person suspected of having committed the criminal act or who was called in to defend this person by a pre-trial investigation officer or a prosecutor is unable to appear before the court due to a high workload or for other compelling reasons, the accused person shall be defended by the defence counsel appointed by the court. Such a defence counsel must be able to meet the defendant before the commencement of a court hearing and to have access to the material submitted to the court.

Article 432. Hearing of a case in court


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1. The hearing of a case in court under the accelerated procedure shall be conducted in compliance with the rules laid down in Part V of this Code, only instead of an indictment a prosecutor shall read out his motion for the hearing of the case under the accelerated procedure.
2. No longer effective from 13 July 2013.
3. A judgment and rulings rendered after hearing a case under the accelerated procedure shall be appealed against under the general procedure.

CHAPTER XXXII
PROCEEDINGS IN THE ABSENCE OF AN ACCUSED PERSON

Article 433. Hearing of a case in the absence of an accused person
A case may be heard in the absence of an accused person in the case provided for in Article 246 of this Code. A judge shall resolve the issue of whether the case may be heard in the absence of the accused person when preparing the case for hearing in court. If, in the course of hearing of the case in court, it transpires that the just resolution of the case is impossible without the participation of the accused person, the hearing of the case shall be stayed.

Article 434. Procedure for hearing a case in the absence of an accused person
A case shall be heard in the absence of an accused person in accordance with the rules laid down in Part V of this Code, with the exceptions provided for in this Chapter.

Article 435. Ensuring the right of an accused person to defence
When hearing a case in the absence of an accused person, the presence of the defence counsel shall be necessary in all cases. During the hearing of the case in court, the interests of the accused person shall be defended by a defence counsel appointed by the court, unless the accused person has chosen his defence counsel in advance or the defence counsel is called in by close relatives or family members of the accused person.

Article 436. Specific features of the hearing of a case in the absence of an accused person


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1. When hearing a case in the absence of an accused person, his defence counsel shall be given an opportunity to state his opinion on the charges at the beginning of the examination of evidence in court after a prosecutor has read out an indictment in accordance with the procedure laid down in Article 271 of this Code. Parties to the proceedings may request the defence counsel to clarify his position.
2. When hearing a case in the absence of an accused person, the opportunity to conduct summary examination of evidence as provided for in Article 273 of this Code may not be exercised even though the case file contains the guilty plea of the accused person, which is not contested by the defence counsel.
3. When hearing a case in the absence of an accused person, the defence counsel shall be allowed to deliver the final plea after closing speeches. The court shall subsequently retire without delay for the passing of a judgment.

Article 437. Service and execution of a judgment passed after hearing a case in the absence of an accused person
1. A judgment passed after hearing a case in the absence of an accused person shall be served on the defence counsel of the accused person. The time limit within which the judgment becomes final shall start to run from the time of service of the judgment on the defence counsel.
2. A judgment which has been passed and has become final shall be executed prior to the detention of a convicted person or his delivery by extradition proceedings or under a European arrest warrant only to the extent that it is possible to execute it without the presence of the convicted person.

Article 438. Procedure for appealing against a judgment passed in the absence of an accused person


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1. A convicted person whose case was heard in absentia shall have the right to file an appeal even after the expiry of a time limit for filing such an appeal, also to declare that he will participate in the hearing of the case under appeal procedure. If the execution of a judgment has already commenced, a court competent to hear the case under appeal procedure may, of its own motion or at the request of the convicted person or his defence counsel, issue a ruling to stay the execution of the judgment.
2. If a convicted person who filed an appeal provided for in paragraph 1 of this Article and who is not in custody fails to appear for the hearing of the case under appeal procedure without a compelling reason, an appellate court may hear the case in the absence of the convicted person or may terminate the appellate proceedings.
3. Having received an appeal of a convicted person who was tried in absentia in a court of first instance, an appellate court must repeat the actions of examination of evidence carried out in the court of first instance in the course of which the evidence subject to examination was used to support the judgment of conviction, if the convicted person disputes in his appeal the assessment of that evidence. These actions of examination of evidence must be repeated regardless of whether or not the case has already been heard in accordance with appeals of other parties to the proceedings. A judgment or ruling rendered in the course of appellate proceedings opened on the basis of the appeal of the convicted person may be appealed against under the general procedure.
4. Other parties to proceedings may appeal against a judgment and rulings in accordance with the procedure laid down in Article 313 of this Code.

PART X
APPEAL TO HIGHER COURTS AGAINST RULINGS OF LOWER COURTS AND HEARING OF APPEALS

Article 439. Appeal to higher courts against rulings of lower courts


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1. Participants in the hearing of a case and other persons shall have the right to appeal to higher courts, in accordance with the procedure laid down in this Part of the Code, against rulings issued in lower courts during the preparation of a case for hearing or at a trial, also, in the cases provided for in this Code, against other rulings issued by courts, except for the cases where this Code provides for a special procedure for appealing against specific court rulings. 
2. Court rulings regarding the referral of a case for hearing at a trial, the possibility of hearing a case in the absence of any of parties to proceedings, the filed motions for challenge, the collection of new evidence, the hearing of requests of parties to proceedings, observations entered in a record of a trial and maintenance of order during the trial, the resumption of the examination of evidence in court shall not be subject to appeal in accordance with the procedure laid down in this Part.

Article 440. Procedure for appealing to higher courts against rulings of lower courts


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1. Participants in the hearing of a case shall have the right to file appeals with a higher court against a ruling of a lower court if they believe that their rights and legitimate interests have been violated by the ruling of the lower court. The appeals may also be filed by other parties to the proceedings as well as by the persons other than participants in the hearing of the case who were subject to coercive measures provided for in Article 163 of this Code.
2. An appeal against a ruling of a district court shall be filed with a regional court, against a ruling of a regional court – with the Court of Appeal of Lithuania within seven days from the receipt of the ruling. The appeal shall be filed through the court which issued the ruling and which shall, not later than within three days, notify the persons concerned of the received appeal and of the right, within 14 days from the dispatch of the notification, to submit to a higher court a statement of defence, motions for challenge and other requests and shall transmit the appeal together with a transcript of the ruling and other material to the higher court.

Article 441. Procedure for hearing an appeals in a higher court


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1. The chair of a higher court or the chair of the criminal division thereof shall assign an appeal to a judge or a judicial panel of three judges and shall approve one of these judges as the chair of the judicial panel. If a ruling under appeal was issued by a district court or a single judge in a regional court, the appeal shall be heard by the single judge of the regional court or the Court of Appeal of Lithuania; if the ruling was issued by a judicial panel of a regional court, the appeal shall be heard before a judicial panel of three judges of the Criminal Division of the Court of Appeal of Lithuania.
2. An appeal must be heard in a higher court within seven days from the receipt of the appeal by this court or, where a court hearing is not held, within seven days from the expiry of a time limit for submitting statements of defence.
3. An appeal filed against the court rulings referred to in Article 132(5) and Article 405(6) of this Code or filed on the grounds aggravating the position of participants in the hearing of the case must, and an appeal filed against other decisions of a lower court may, be heard at a court hearing which may be attended by a prosecutor and an appellant. If the appeal is filed by an accused person on remand or a convicted person on remand, the court hearing shall be attended by their defence counsel. Failure of these persons to appear, provided that they were informed in due time of the date of the court hearing, shall not preclude the hearing of the appeal.
4. When hearing an appeal at a court hearing, the person who filed it or the defence counsel of an accused person on remand or of a convicted person on remand may provide clarifications to adjust or supplement the arguments of the appeal, as well as submit documents related to the appeal.

Article 442. Decisions of a higher court taken after hearing an appeal


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1. Having heard an appeal, a judge or a judicial panel of a higher court shall issue one of the following rulings:
1) to dismiss the appeal and to uphold a court ruling;
2) to annul a court ruling and to take a new decision on the appeal;
3) to amend a court ruling.
2. A ruling of a regional court or the Court of Appeal of Lithuania on an appeal shall become final from the issue thereof and shall not be subject to appeal.

PART XI
REOPENING OF A CRIMINAL CASE

CHAPTER XXXIII
REOPENING OF A CRIMINAL CASE DUE TO NEWLY TRANSPIRED CIRCUMSTANCES

Article 443. Annulment of a final court judgment or ruling due to newly transpired circumstances
1. A final court judgment or ruling may be annulled due to newly discovered circumstances referred to in Article 444 of this Code.
2. A final judgment or ruling shall be annulled and cases shall be reopened due to newly transpired circumstances by a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania.

Article 444. Newly transpired circumstances due to which a criminal case may be reopened
1. The newly transpired circumstances due to which a judgment or ruling may be annulled and a criminal case may be reopened shall be as follows:


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1) a final court judgment establishes that the testimony of a witness or a victim or an expert report is false, as well as other evidence on which the judgment or the ruling is based is not authentic;
2) a final court judgment establishes that judges engaged in criminal abuse when hearing the case;
3) a final court judgment establishes that officers engaged in criminal abuse when conducting a pre-trial investigation, which resulted in the passing of an unlawful and unfounded judgment;
4) other circumstances which were not and could not have been known to the court at the time of rendering the judgment or ruling, although the pre-trial investigation and the hearing of the case were conducted in detail, and which alone or together with the previously established circumstances prove that the convicted person is innocent or that he committed a less or more serious criminal act than the one of which he was convicted, also which prove that the acquitted person or the person whose case has been dismissed is guilty.
2. Where a judgment cannot be passed in respect of the persons listed in points 1-3 of paragraph 1 of this Article because an accused person is deceased or the limitation period for the passing of a judgment of conviction has expired, the newly transpired circumstances shall be established in the course of an investigation conducted in accordance with the procedure laid down in Articles 446 and 447 of this Code. 

Article 445. Time limits for reopening a criminal case due to newly transpired circumstances
A criminal case may be reopened due to newly transpired circumstances not later than within one year from the transpiration of the new circumstances.

Article 446. Commencement of proceedings due to newly transpired circumstances


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1. A motion regarding newly transpired circumstances may be filed with a prosecutor by a convicted person, an acquitted person, their defence counsel and legal representatives, a victim, a civil claimant, a civil defendant and their representatives.
2. Persons’ motions regarding newly transpired circumstances in respect of final judgments of district courts shall be examined by the chief prosecutor of a district prosecutor’s office, motions in respect of judgments and rulings of regional courts – by the chief prosecutor of a regional prosecutor’s office, motions in respect of judgments and rulings of the Court of Appeal of Lithuania and rulings of the Supreme Court of Lithuania – by the Prosecutor General of the Republic of Lithuania.
3. A prosecutor who believes that at least one of the circumstances provided for in Article 444 of this Code may exist shall, of his own motion or at the request of parties to proceedings, adopt a decision to open proceedings due to newly transpired circumstances and, based on the rules of this Code, shall conduct an investigation of those circumstances himself or shall assign this to a pre-trial investigation body.
4. A prosecutor who has not found a ground for opening proceedings due to newly transpired circumstances shall adopt a decision to refuse to open proceedings. The persons concerned shall be notified of such a decision of the prosecutor and shall be instructed as to the right to appeal against the decision to a senior prosecutor. The person concerned may appeal against the decision of this prosecutor in accordance with the procedure and within the time limits laid down in Article 447(2) of this Code.

Article 447. Actions of a prosecutor upon completion of an investigation of newly transpired circumstances


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1. Where an investigation of newly transpired circumstances is completed and there are grounds for reopening a case, a prosecutor shall transmit the investigation material and his conclusion to the President of the Supreme Court of Lithuania.
2. If there are no grounds for reopening the case, the prosecutor shall terminate the proceedings by his decision. The persons concerned shall be notified of the decision and shall also be instructed as to the right to appeal against the prosecutor’s decision. The prosecutor’s decision may be appealed against to a senior prosecutor within five days from the receipt of a notice thereof, while a decision of the senior prosecutor may be appealed against within three days to a district court if the appeal was heard by the chief prosecutor of a regional prosecutor’s office or to Vilnius Regional Court if the appeal was heard by the Prosecutor General of the Republic of Lithuania. The court shall hear the appeal by applying the provisions of Article 64 of this Code accordingly. A ruling of the court which has heard the appeal may be appealed against in accordance with the procedure laid down in Part X of this Code.

Article 448. Procedure for reopening a criminal case in court due to newly transpired circumstances


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1. The issue of reopening of a case due to newly transpired circumstances shall be heard and resolved at the Supreme Court of Lithuania before a judicial panel of three justices of the Criminal Division who did not previously participate in the hearing of the case (except when hearing the case at a plenary session of the Supreme Court of Lithuania). This judicial panel shall consist of the President of the Supreme Court of Lithuania or the chair of the Criminal Division. He shall appoint a rapporteur and shall appoint one of the justices as the chair of the judicial panel.
2. The judicial panel shall hold a court hearing to consider a prosecutor’s conclusion and the investigation material. Where necessary, the file of a case in which a judgment or ruling to be annulled was rendered may be evoked. 
3. A prosecutor shall participate in the court hearing. The person, as referred to in Article 446(1) of this Code, who filed a motion regarding newly transpired circumstances shall be notified of the place and date of the court hearing, however his failure to appear shall not preclude the hearing of the case.
4. At a fixed time, the chair of the judicial panel shall commence the court hearing, announce the prosecutor’s conclusion and the court judgment or ruling in relation to which it is to be considered. The chair of the judicial panel shall subsequently check who has appeared for the hearing and announce the composition of the court. If the issue of challenge arises, the court shall resolve it in accordance with the procedure laid down by this Code.
5. The hearing of the case shall commence with a report of a judge in which he sets out the merits of the case.
6. After the judge’s report, the prosecutor shall provide clarifications.
7. After hearing the clarifications, the court shall, having taken a decision on the bench or in the deliberation room, notify of the date and place of pronouncement of a ruling. The


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in the deliberation room, notify of the date and place of pronouncement of a ruling. The ruling shall be issued and pronounced in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.

Article 449. Court rulings concerning a prosecutor’s conclusion to reopen a criminal case


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1. Having considered a prosecutor’s conclusion and investigation material, a court may issue one of the following rulings:
1) to annul a court judgment or ruling, to reopen a case and to refer it for reinvestigation or for retrial;
2) to annul a court judgment or ruling and to dismiss the case;
3) to refuse to reopen a case.
2. Having issued a ruling to annul a court judgment or ruling, to reopen a case and to refer it for reinvestigation or for retrial, a court shall have the right to stay the execution of a judgment or ruling rendered by any  court of the Republic of Lithuania.

Article 450. Proceedings following the reopening of a criminal case due to newly transpired circumstances
If a criminal case is reopened due to newly transpired circumstances, a pre-trial investigation and hearing in court shall be conducted, and a subsequent judgment shall be appealed against, in accordance with the general procedure.

CHAPTER XXXIV
REOPENING OF A CRIMINAL CASE DUE TO A MANIFESTLY INCORRECT APPLICATION OF A CRIMINAL LAW

Article 451. Grounds for reopening a criminal case due to a manifestly incorrect application of a criminal law
Criminal cases which were heard or were left unheard in a court of cassation, also criminal cases in which a judgment or ruling could not be appealed against or which were not appealed against under cassation procedure shall be reopened where, according to the circumstances indicated in the judgments and rulings, there are grounds for believing that a criminal law was applied manifestly incorrectly and therefore it is necessary:


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1) to annul a judgment of conviction and subsequent court rulings and to dismiss the criminal case;
2) to change the classification of a criminal act committed by a convicted person in accordance with another article of the Special Part of the Criminal Code of the Republic of Lithuania, a paragraph or point thereof providing for a less serious criminal act;
3) to reduce a combined sentence imposed on a convicted person after rectifying the incorrect application of Articles 63-65 of the Criminal Code of the Republic of Lithuania;
4) to release a convicted person from a penalty because the limitation period for the passing of a judgment of conviction has expired; 
5) to release a convicted person from a penalty or to reduce it upon rectifying the incorrect application of an act of amnesty.

Article 452. Right to file a motion for reopening of a criminal case
1. A convicted person, his legal representative and defence counsel as well as the Prosecutor General of the Republic of Lithuania shall have the right to file a motion with the Supreme Court of Lithuania for reopening of a criminal case on the grounds specified in Article 451 of this Code. The President of the Supreme Court of Lithuania shall have the right to make a submission to a judicial panel on this issue. The motion may be filed, or the submission may be made, for reopening of the criminal case only until a convicted person has served a sentence imposed on him or until the expiry of a period for which execution of the sentence has been stayed.
2. Repeat motions and submissions for reopening of a criminal case shall not be admitted or heard.

Article 453. Taking of a decision on the reopening of a criminal case


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1. Having established that the received motion is not signed, was filed after exceeding the time limits laid down in Article 452(1) of this Code, was filed repeatedly or the grounds provided for in Article 451 of this Code are incorrectly indicated therein, the President of the Supreme Court of Lithuania or the chair of the Criminal Division shall return the motion to the person who filed it. A duly drawn-up motion may be refiled.
2. If the motion complies with the requirements of this Code, the President of the Supreme Court of Lithuania or the chair of the Criminal Division shall issue a ruling to refer the motion to a judicial panel of the Criminal Division.
3. A judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania shall decide by a ruling whether a criminal case needs to be reopened within one month from the issue of a ruling referred to in paragraph 2 of this Article or, where there is a ground for believing that a convicted person must be released from the place of custody, without delay.
4. The reopened case shall be referred to:


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1) a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania if it was heard in courts of first instance and appeal or only in courts of first instance;
2) an extended judicial panel of seven justices of the Criminal Division of the Supreme Court of Lithuania if it was heard before a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania. The extended judicial panel of seven justices may not include a judge who participated in the hearing of the case in a court of cassation;
3) a plenary session of the Criminal Division of the Supreme Court of Lithuania if it was heard before an extended judicial panel of seven justices of the Criminal Division of the Supreme Court of Lithuania.
5. Having decided to reopen the criminal case, the judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania may, by the same ruling, stay the execution of the judgments and rulings rendered in that case.

Article 454. Hearing of a reopened criminal case


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1. During the hearing of a reopened criminal case, a prosecutor and a defence counsel shall participate in a court hearing. A convicted person, his legal representative, a victim and his representative may be called in to the court hearing. Failure of these persons to appear, provided that they were duly informed of the date and place of the hearing of the case, shall not preclude the hearing of the case.
2. At the beginning of the hearing of the case, the chair of a judicial panel shall ask participants in the hearing of the case whether they challenge judges, the prosecutor, the defence counsel, the interpreter or the clerk of the court hearing. A decision on motions for challenge shall be taken in accordance with the procedure laid down in Articles 57-59 and 61 of this Code.
3. One of the judges shall set out the merits of the case in a report.
4. After the judge’s report, speeches of the persons appearing for the hearing shall be heard. The person who filed the respective motion shall speak first.
5. After hearing the speeches, the court shall, having taken a decision on the bench or in the deliberation room, notify of the date and place of pronouncement of a ruling. The ruling shall be issued and pronounced in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.
6. If a convicted person must be released from the place of custody, the entire ruling must be drawn up and delivered for execution on the day of its pronouncement.
7. At the court hearing, a record of the court hearing shall be drawn up.

Article 455. Rulings of a court upon completion of the hearing of a case
Having completed the hearing of a case, a court shall issue one of the following rulings:


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1) to reject a motion or a submission for reopening of the criminal case;
2) to annul a judgment and subsequent court rulings and to dismiss the case;
3) to annul decisions of courts of appeal and cassation and to uphold a judgment or a ruling of a court of first instance (with or without amendments);
4) to annul a ruling of a court of cassation and to uphold judgments and rulings of courts of first instance and appeal (with or without amendments);
5) to amend court judgments or court rulings.

CHAPTER XXXV
REOPENING OF A CRIMINAL CASE PURSUANT TO DECISIONS OF THE UNITED NATIONS HUMAN RIGHTS COMMITTEE OR THE EUROPEAN COURT OF HUMAN RIGHTS OR A RULING OF THE CONSTITUTIONAL COURT 

Article 456. Grounds for reopening a criminal case pursuant to decisions of the United Nations Human Rights Committee or the European Court of Human Rights or a ruling of the Constitutional Court
Criminal cases heard by courts of the Republic of Lithuania may be reopened where:


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1) the United Nations Human Rights Committee finds that a decision to convict a person was taken in violation of the International Covenant on Civil and Political Rights or its Optional Protocols, or the European Court of Human Rights finds that the decision to convict the person was taken in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its Additional Protocols, where the violations, by virtue of their nature and gravity, raise reasonable doubts as to the person’s conviction and the continuing violations may be rectified only by reopening of the case involving the convict;
2) the Constitutional Court, when hearing the request of the person referred to in the fourth paragraph of Article 106 of the Constitution, finds that a law or any other act passed by the Seimas, a decree of the President of the Republic or an act of the Government (or part thereof) on which the taken decision to convict a person is based is in conflict with the Constitution and raises reasonable doubts as to the conviction of the person, while the continuing violations of the rights and freedoms of this person may be rectified only by reopening the case involving the convict.


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Article 457. Right to request reopening of a criminal case 
1. A request to reopen a criminal case on the grounds referred to in point 1 of Article 456 of this Code may be submitted by a person against whom violations of the International Covenant on Civil and Political Rights or its Optional Protocols or the Convention for the Protection of Human Rights and Fundamental Freedoms or its Additional Protocols have been committed, his successor in title, an authorised representative of these persons or the Prosecutor General of the Republic of Lithuania.
2. A request to reopen a criminal case on the grounds referred to in point 2 of Article 456 of this Code may be submitted by a person in respect whereof a decision to convict him has been taken on the basis of a law or any other act passed by the Seimas, a decree of the President of the Republic or an act of the Government (or part thereof) which the Constitutional Court, when hearing the person’s request, found to be in conflict with the Constitution, also his representative or the Prosecutor General of the Republic of Lithuania.
3. The President of the Supreme Court of Lithuania may, by making a submission, request that a case be reopened also in the absence of a request referred to in this Article.

Article 458. Submission of a request or making of a submission for reopening of a criminal case


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1. A request to reopen a criminal case shall be submitted, or a submission to this end shall be made, to the Supreme Court of Lithuania. The request shall be submitted, or the submission shall be made, to reopen a criminal case on the grounds referred to in point 1 of Article 456 of this Code together with a decision of the United Nations Human Rights Committee or a final judgment of the European Court of Human Rights and their translation into the Lithuanian language.
2. A request shall be submitted, or a submission shall be made, within six months after the date on which a ruling of the Constitutional Court or a decision of the United Nations Human Rights Committee or a judgment the European Court of Human Rights is or becomes final.
3. A repeat request or a repeat submission concerning the same person and on the same grounds may not be submitted and heard.

Article 459. Decision on the admissibility of a request or a submission and reopening of a criminal case


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1. The President of the Supreme Court of Lithuania shall verify whether a request for the reopening of a case was submitted without prejudice to the requirements of Article 457(1) or (2) and Article 458 of this Code, also whether the hearing of the case was reopened in the European Court of Human Rights. If such infringements exist or the hearing of the case was reopened in the European Court of Human Rights, the President of the Supreme Court of Lithuania shall return the request to the applicant. A duly submitted request or a duly made submission shall be referred to a judicial panel of three judges for determination of its admissibility in accordance with the requirements of Article 456 of this Code. The judicial panel shall decide on the admissibility of the request or submission within one month from the referral of the request or the submission to the judicial panel.
2. Having considered the issue of admissibility of the request or the submission to reopen the criminal case, the judicial panel shall issue one of the following rulings:
1) to reject the request or the submission as unfounded and to refuse to reopen the criminal case;
2) to refer the request or the submission to the Supreme Administrative Court of Lithuania or any other competent authority;
3) to admit the request or the submission and to reopen the criminal case.
3. In the event of issuing the ruling referred to in point 3 of paragraph 2 of this Article, the judicial panel shall refer the case for hearing to:


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1) a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania, where the case was not heard under cassation procedure. In this case, the case may be heard before the same judicial panel which reopened the criminal case;
2) a plenary session of the Criminal Division of the Supreme Court of Lithuania, where the case was heard under cassation procedure.
4. If the judicial panel decides to reopen the criminal case, it may, by the same ruling, stay the execution of the judgments and rulings rendered in that case.

Article 460. Hearing of a reopened criminal case


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1. A hearing of a judicial panel or a plenary session of the Criminal Division of the Supreme Court of Lithuania for the hearing of a reopened criminal case shall be held within the shortest possible time period after the issue of a ruling to reopen the criminal case. 
2. A person who submits a request to reopen the criminal case shall have the right to attend the court hearing. The hearing shall be attended by a prosecutor and a defence counsel. A convict, a victim and their legal representatives shall be notified of the hearing. If the ground for reopening the case is related to the issues resolved by a cassation ruling, all persons who had the right to participate in the hearing of the case under cassation procedure shall be notified thereof. Failure of the persons to appear, provided that they were duly informed of the date and place of the hearing of the reopened case, shall not preclude the hearing of the case.
3. At the beginning of the hearing of the case, a judge appointed as rapporteur shall set out the merits of the case. After the judge’s statement, the floor shall be given to the person who submitted the request to reopen the criminal case. The court shall subsequently give the floor to other persons participating in the hearing of the case. The person who submitted the request to reopen the case shall have the right to provide additional clarifications last.
4. Having heard the speeches and additional clarifications of the persons participating in the hearing of the case, the court shall, having taken a decision on the bench or in the deliberation room, notify of the date and place of pronouncement of a ruling. The ruling shall be issued and pronounced in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.
5. If, after completing the hearing of the reopened case the convict must be released from the place of custody, the ruling shall be delivered for execution on the day of its


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be released from the place of custody, the ruling shall be delivered for execution on the day of its pronouncement.
6. At the court hearing, a record of the court hearing shall be drawn up.

Article 461. Rulings of a court upon completion of the hearing of a reopened criminal case


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1. Having completed the hearing of a reopened criminal case, a court shall issue one of the following rulings:
1) to reject a request or a submission to reopen a criminal case and to uphold court judgments and subsequent court rulings;
2) to annul a judgment and subsequent court rulings and to dismiss the case;
3) to annul a judgment and subsequent court rulings and to refer the case for reinvestigation or retrial in a court of first instance; 
4) to annul a judgment or a ruling of an appellate court and to uphold a judgment of a court of first instance (whether amended or not);
5) to annul a judgment or ruling of an appellate court and to refer the case for retrial under appeal procedure;
6) to annul a cassation ruling and to issue a new ruling;
7) to amend court judgments or court rulings.
2. Having completed the hearing of a reopened criminal case, a court may annul court judgments or rulings in part.
3. The court rulings referred to in this Article shall be final and not subject to appeal.


Annex to
the Republic of Lithuania 
Code of Criminal Procedure 

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW


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1. Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2004 Special edition, Chapter 19, Volume 04, p. 72).
2. Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ 2002 L 63, p. 1).
3. 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).
4. No longer effective from 15 June 2017.
5. Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ 2005 L 76, p. 16).
6. No longer effective from 19 December 2020.
7. 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). 
8. Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ 2002 L 138, p. 14).
9. 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


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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).


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10. Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ 2009 L 328, p. 42). 
11. Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280, p. 1).
12. 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).
13. Directive 2011/93/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).
14. 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). 
15. Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1).
16. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ 2012 L 315, p. 57).


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17. Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294, p.1). 
18. 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). 
19. 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).
20. Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65, p. 1). 
21. Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ 2012 L 132, p. 1). 
22. Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ 2016 L 297, p. 1). 
23. Council of Europe Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office.


