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1. A time limit exceeded for compelling reasons may be reopened by a decision of a pre-trial investigation officer and a prosecutor or by a court ruling. In the cases when a request for reopening of the exceeded time limit is submitted to a pre-trial investigation judge or a court, a hearing may be held, which shall be notified to the person requesting reopening of the time limit and other parties to the proceedings. Repeated requests for reopening of the exceeded time limit shall not be admitted and shall not be considered, unless new circumstances transpire.
2. At the request of the person concerned, the execution of a decision appealed against after exceeding a fixed time limit may be stayed in the cases provided for in this Code pending resolution of the issue of reopening of the exceeded time limit.

CHAPTER VIII
COSTS OF PROCEEDINGS AND REIMBURSEMENT THEREOF

Article 103. Costs of proceedings
Costs of proceedings shall include the following:
1) money paid to witnesses, victims, experts, professionals and interpreters to cover the expenses of their travel to and residence at the place of summon;
2) money paid to witnesses and victims to compensate them for distraction from their normal work;
3) money paid to experts, professionals and interpreters to remunerate them for their work, except where they perform such duties as part of their official duties;
4) (no longer effective from 1 May 2005);
5) costs of storage or transfer of objects;
6) any other costs which a pre-trial investigation officer, a prosecutor, a judge or a court recognises as the costs of the proceedings.

Article 104. Reimbursement of costs of proceedings


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1. Costs of proceedings shall be reimbursed to a witness, a victim, an expert, a professional, an interpreter from funds of pre-trial investigation bodies, a prosecutor’s office or a court. The procedure for reimbursing such costs and the amounts thereof shall be established by the Government of the Republic of Lithuania or by an institution authorised by it.
2. A party to proceedings who, at his own discretion, called in an expert, a professional, a defence counsel or a representative to participate in the proceedings or incurred other costs shall bear the same from his own funds. The party to the proceedings may refer to court to have these costs recognised as costs of the proceedings and have them recovered from a convicted person.

Article 105. Recovery of costs of proceedings


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1. A court shall, when passing a judgment, have the right to decide to recover costs of proceedings from a convicted person, with the exception of the costs of paying an interpreter and the costs incurred in carrying out an individual assessment of a minor suspect or a minor accused person.
2. A court shall have the right to decide to recover costs of proceedings also from an accused person who has been found guilty but has been released from a penalty or has not been imposed a penalty.
3. Where several accused persons have been found guilty in a case, a court shall decide the amount of the costs of the proceedings to be recovered from each of them, having regard to the guilt of the persons concerned and the extent and nature of their liability.
4. Costs incurred as a result of the suspension of an investigation or the stay of a hearing because a party to the proceedings failed to appear in the absence of compelling reasons shall be recovered from the party to the proceedings who failed to appear.
5. Where proceedings are terminated or an accused person is acquitted, also where the person from whom the costs of the proceedings are to be recovered is unable to pay them, the costs of the proceedings shall be paid from state funds in accordance with the procedure laid down by law.
6. Where an accused person is acquitted in criminal proceedings opened solely on the basis of a victim’s motion, a court shall have the right to decide that all or part of the costs of the proceedings are to be borne by the person on the basis of whose motion the proceedings were opened.
7. Where proceedings are terminated because a victim has reconciled with a suspect or an accused person, a prosecutor or a court shall have the right to decide that costs of the proceedings are to be borne by the suspect, the accused, and the victim, or by one of them.

Article 106. Remuneration for an advocate’s work


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1. Where a suspect, an accused person or a convicted person has been granted state-guaranteed legal aid, an advocate shall be remunerated in accordance with the procedure laid down by a law governing the provision of state-guaranteed legal aid. In other cases, the advocate shall be remunerated by the suspect, the accused person or the convicted person or, on their assignment or with their consent, by other persons.
2. After finding an accused person guilty, a court shall, when passing a judgment, decide to recover from the accused person the expenses for the provision of state-guaranteed legal aid incurred as a result of the necessary participation of a defence counsel, taking into account the financial situation of the accused person, except for the cases referred to in points 1 and 2 of Article 51(1) of this Code. In addition, the court shall have the power to decide to recover from a suspect the expenses incurred by a victim and a civil claimant for the services of an advocate who participated in the proceedings in the capacity of the victim’s or the civil claimant’s representative.


PART II
COMPENSATION FOR DAMAGE RESULTING FROM A CRIMINAL ACT

CHAPTER IX
COMPENSATION FOR DAMAGE WHERE A CIVIL CLAIM IS NOT FILED IN A CRIMINAL CASE

Article 107. Voluntary compensation for damage
A suspect or an accused person or a person who is materially liable for his acts may, at any time during proceedings, voluntarily compensate a victim for the damage caused by a criminal act. Upon receipt of the information that the damage caused by the criminal act has been compensated, proceedings in respect of a civil claim in a criminal case shall not be opened and the opened proceedings shall be terminated and the temporary restriction of the rights of ownership imposed on this ground shall be lifted.

Article 108. Return of objects and valuables


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1. Having ascertained that the objects or valuables found and seized in the course of proceedings belong to a victim or to any other person, a court shall decide to return these objects or valuables to the owner thereof after a judgment has become final.
2. The objects or valuables referred to in paragraph 1 of this Article may be returned to the owner at his request also by a prosecutor or a pre-trial investigation officer before completion of proceedings, but only after these objects or valuables have been thoroughly examined and described. When collecting the objects or valuables being returned in this manner, the owner must, as a rule, give a written pledge to protect them until completion of the hearing of the case in court.
3. Objects whose circulation has been prohibited shall not be returned.

CHAPTER X
COMPENSATION FOR DAMAGE WHERE A CIVIL CLAIM IS FILED IN A CRIMINAL CASE

Article 109. Civil claim in criminal proceedings 
A person who suffered property or non-property damage as a result of a criminal act shall have the right to file a civil claim in criminal proceedings against a suspect or an accused person or against the persons who are materially liable for acts of the suspect or the accused person. The court shall hear it together with the criminal case. Where the civil claim is filed during a pre-trial investigation, data must be collected during the pre-trial investigation substantiating the ground for and amount of the civil claim filed.

Article 110. Civil claimant
1. A civil claimant shall be a natural or legal person who, in a criminal case, claims compensation for property or non-property damage suffered as a result of a criminal act of a suspect or an accused person. A person shall be recognised as a civil claimant by a decision of a pre-trial investigation officer or a prosecutor or by a court ruling.
2. A civil claimant shall have the right:


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1) to provide clarifications regarding the substance of his civil claim;
2) to adduce evidence;
3) to submit requests and to file motions for challenge;
4) during a pre-trial investigation and in court, to have access to the case file, to make extracts or transcripts of the required documents in accordance with the established procedure;
5) to participate in the hearing of the case by a court of first instance;
6) to appeal against the actions and decisions of a pre-trial investigation officer, a prosecutor, a judge or a court in so far as they relate to his civil claim;
7) to participate in the hearing of the case under appeal procedure.
3. A civil claimant must:
1) participate, when called in, in the hearing of a case by a court of first instance;
2) submit, at the request of the court, the documents which are available to him and which are related to the claim filed;
3) observe the established procedure for the conduct of court proceedings.

Article 111. Civil defendant
1. Parents, guardians, curators or other persons as well as undertakings, agencies and organisations who, under law, are materially liable for the damage caused by a criminal act of a suspect or an accused person may be civil defendants. A person shall be included in a case in the capacity of a civil defendant by a decision of a pre-trial investigation officer or a prosecutor or by a ruling of a judge or a court.
2. A civil defendant shall have the rights of a civil claimant specified in Article 110(2) of this Code.
3. A civil defendant must:
1) participate, when called in, in the hearing of a case by a court of first instance; 
2) observe the established procedure for the conduct of court proceedings.

Article 112. Filing of a civil claim


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1. A civil claim shall be filed by filing a claim with a pre-trial investigation officer, a public prosecutor or a court at any time during proceedings, but not later than until the commencement of the examination of evidence by the court. A victim who does not file a civil claim in a criminal case shall have the right to file a claim under civil procedure.
2. A civil claim filed in a criminal case shall be exempt from stamp duty.
3. A civil claimant shall have the right to withdraw a claim filed by him before a court retires to the deliberation room for the passing of a judgment.
4. If a civil claim is dismissed by a judgment in a criminal case, a civil claimant shall lose the right to file the same claim under civil procedure. If a claim is dismissed under civil procedure, the claimant shall lose the right to file the same civil claim in a criminal case.

Article 113. Hearing of a civil claim
1. A civil claim filed in a criminal case shall be proved in accordance with provisions of this Code.
2. Where, while hearing a civil claim in a criminal case, questions arise which are not governed by this Code, the relevant provisions of civil procedure shall apply unless they are in conflict with the provisions of criminal procedure.

Article 114. Referral of a civil claim to a court dealing with bankruptcy or restructuring proceedings
If a legal person or natural person against which/whom bankruptcy proceedings have been opened is included as a civil defendant in a criminal case, it shall be possible not to hear a civil claim in this criminal case, and all documents related to the civil claim may be transmitted by a decision of a prosecutor or by a court ruling to a court dealing with the bankruptcy or restructuring proceedings. This must be notified to the civil claimant, and he must be instructed as to his rights in the bankruptcy or restructuring proceedings. 

Article 115. Settlement of a civil claim


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1. When passing a judgment of conviction, a court shall, based on the evidence of the validity and amount of a civil claim, fully or partially satisfy the civil claim filed or dismiss it. In satisfying the civil claim, the court shall have the right not to comply with the limits of the claim if the amount of the claim does not affect the qualification of a criminal act and the level of a penalty.
2. In exceptional cases, where it is not possible to precisely calculate a civil claim without staying criminal proceedings or without obtaining additional material, a court may, when passing a judgment of conviction, recognise the right of a civil claimant to satisfaction of the claim and refer the issue of the amount of the claim for hearing under civil procedure.
3. When passing a judgment of acquittal, a court shall:


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1) dismiss a civil claim, unless it is proved that an accused person participated in the commission of a criminal act;
2) leave the civil claim unheard if the accused person is acquitted in the absence of an act having elements of a crime or a misdemeanour. In this case, the civil claimant shall have the right to file a claim under civil procedure.

Article 116. Securing of a civil claim
During proceedings, a pre-trial investigation officer, a prosecutor or a court must take measures to secure a possible civil claim: to locate the assets belonging to a suspect or an accused person or persons who are materially liable for the actions of the suspect or the accused persons and temporarily restrict the right of ownership thereto.

Article 117. Prosecutor’s duty to file a civil claim
A prosecutor who pursues prosecution must file a civil claim in court, unless it has already been filed, in the cases when damage has been caused by a criminal act to the State or to a person who, by virtue of his minority, illness, dependence on an accused person or for other reasons, is unable to defend his legitimate interests in court.

Article 118. Compensation for damage with state funds
If the accused or the persons who are materially liable for his actions do not possess sufficient means to compensate for damage, such damage may, in the cases and in accordance with the procedure provided for by law, be compensated with the funds allocated for this purpose by the State.

PART III
PROCEDURAL COERCIVE MEASURES

CHAPTER XI
SUPERVISION MEASURES

Article 119. Purpose of supervision measures
Supervision measures may be imposed with a view to ensuring participation of a suspect, an accused person or a convicted person in proceedings, unimpeded pre-trial investigation, hearing of a case in court and execution of a judgment, also with a view to preventing new criminal acts.

Article 120.


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execution of a judgment, also with a view to preventing new criminal acts.

Article 120. Types of supervision measures


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1. Supervision measures shall be as follows: remand, intensive supervision, house arrest, the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance, bail, seizure of documents, suspension of a special right, the obligation to periodically report to the police, the written pledge not to leave. 
2. A serviceman may be imposed, as a supervision measure, observation by the command of a military unit in which he serves, while a minor may be placed under the supervision of his parents, curators or other natural or legal persons caring for children.

Article 121. General provisions regarding the imposition of supervision measures


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1. Remand, intensive supervision, house arrest and the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance may be imposed only by a ruling of a pre-trial investigation judge or a court, other supervision measures – by a decision of a prosecutor, a ruling of a pre-trial investigation judge or a court, whereas such supervision measures as seizure of documents, suspension of a special right, the obligation to periodically report to the police, the written pledge not to leave, observation by the command of a military unit in which a serviceman serves and placement of a minor under the supervision of parents, curators or other natural or legal persons caring for children may, in urgent cases, be imposed by a decision of a pre-trial investigation officer. In such a case, the pre-trial investigation officer must, without delay, give a written notice of the imposed supervision measure to a prosecutor. 
2. Supervision measures may be imposed only in the presence of sufficient evidence to believe that a suspect committed a criminal act. Where the issue of imposition of a supervision measure is decided by a pre-trial investigation judge or a court, the person subject to the supervision measure and his defence counsel shall have the right to access all the material, as submitted by a prosecutor, whereon a motion for imposition of the supervision measure is based.
3. Several less severe supervision measures than remand may be imposed concurrently.
4. When deciding on the necessity of imposition of a supervision measure and on the type thereof, a pre-trial investigation officer, a prosecutor, a judge or a court must take into account the gravity of a criminal act of a suspect, the personality of the suspect, whether he has his permanent place of residence and employment or any other legal means of subsistence, the age, state of health, family status of the suspect and other circumstances which may be relevant when deciding on the imposition of the supervision measure.
5.


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and other circumstances which may be relevant when deciding on the imposition of the supervision measure.
5. A supervision measure may also be imposed on an accused person and a convicted person.
6. In the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, certain types of supervision measures may be transmitted for execution to another Member State of the European Union or may be taken over for enforcement from another Member State of the European Union.

Article 122. Grounds and conditions for imposition of remand


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1. Grounds for imposition of remand shall be based on a reasonable belief that a suspect will:
1) abscond/go into hiding from pre-trial investigation officers, a prosecutor or a court;
2) interfere with proceedings;
3) commit new crimes referred to in paragraph 4 of this Article.
2. Where there are reasonable grounds for believing that a suspect will abscond/go into hiding from pre-trial investigation officers, a prosecutor or a court, remand may be imposed taking into account the suspect’s family status, permanent place of residence, employment relationship, state of health, previous convictions, relations abroad and other circumstances.
3. Where there are reasonable grounds for believing that a suspect will interfere with proceedings, remand may be imposed if there is evidence that the suspect may, himself or through other persons, attempt:


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1) to influence victims, witnesses, experts, other suspects, accused persons or convicted persons;
2) to destroy, hide or forge the objects and documents relevant to the investigation and hearing of a criminal act in court.
4. Where there are reasonable grounds for believing that a suspect will commit new crimes, remand may be imposed if there is evidence that the person suspected of having committed one or more grave or serious crimes or the less serious crimes provided for in Article 178(2), Article 180(1), Article 181(1) and Article 187(2) of the Criminal Code of the Republic of Lithuania may commit new grave, serious or less serious crimes referred to in this paragraph prior to the passing of a judgment, also if there is evidence that a person suspected of a threat or an attempt to commit a crime may commit the crime while not being in custody.
5. In addition, the ground for imposition of remand shall include a request to extradite a person to a foreign state or surrender him to the International Criminal Court or under a European arrest warrant, a request of a foreign state for temporary detention of the wanted person pending the receipt of a request to extradite the person or a European arrest warrant, and a request of a foreign state to place a convicted person on remand pending a decision on recognition of a judgment of a foreign state’s court and execution of a sentence. 
6. When imposing remand, the grounds and reasons for imposition thereof must be indicated.
7. Remand may be imposed only in the cases when the objectives provided for in Article 119 of this Code cannot be attained by less severe supervision measures.
8. Remand may be imposed only when investigating and hearing cases in respect of crimes for which a custodial sentence of more than one year is provided for by a criminal law.

Article 123. Procedure for imposing remand


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1. Remand may be imposed on a suspect who is not detained or on a suspect who is detained in accordance with the procedure laid down in Article 140 of this Code.
2. Where a prosecutor considers it necessary to impose remand on a suspect who is not detained, he shall refer with a motion to a pre-trial investigation judge of the district court of the place where the investigation is being conducted or, where the court is composed of court chambers, to a pre-trial investigation judge of a court chamber. The prosecutor’s motion must contain the data specified in of Article 125(2) of this Code. Having decided to grant the prosecutor’s motion, the judge shall issue a ruling to impose remand or, having decided to refuse to grant the motion, a ruling to refuse to impose remand or a ruling to refuse to impose remand and to impose another supervision measure. 
3. Acting on the basis of the ruling referred to in paragraph 2 of this Article, the prosecutor shall, not later than within 48 hours from the time of placement on remand, deliver the person on remand before a pre-trial investigation judge or, in the absence of such possibility, before another pre-trial investigation judge of the district court of the place where the investigation is being conducted or, where the court is composed of court chambers, before a pre-trial investigation judge of a court chamber. The judge must question the person delivered before him with regard to the validity of remand. The questioning of the person on remand shall be attended by his defence counsel and the prosecutor. Having questioned the person on remand, the judge shall take one of the following decisions: to uphold a ruling to impose remand (in this case, the judge shall set a specific term of remand) or to replace this supervision measure or to lift it. 
4. A prosecutor shall, not later than within 48 hours from the time of detention and together with


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A prosecutor shall, not later than within 48 hours from the time of detention and together with a motion for the imposition of remand, deliver in accordance with the procedure laid down in Article 140 of this Code a detained person to be placed on remand before a pre-trial investigation judge of the district court of the place where the investigation is being conducted or, where the court is composed of court chambers, before a pre-trial investigation judge of a court chamber. The judge must question the person delivered before him with regard to the validity of remand. The questioning of the detained person shall be attended by his defence counsel and the prosecutor. Having questioned the detained person, the judge shall grant the prosecutor’s motion and issue a ruling to impose remand with a specific term of remand or shall refuse to grant the motion and issue a ruling to refuse to impose remand or a ruling to refuse to impose remand and to impose another supervision measure. 
5. When issuing the ruling to impose remand or upholding this ruling, the judge may instruct the prosecutor to collect additional material within a set time limit. Upon receipt of such material, the judge may issue a ruling to uphold remand and to set a new term of remand or to replace this supervision measure or to lift it.
6. Where a case is referred to court, a court before which the case is pending may impose, uphold, extend or lift remand or replace it by another supervision measure in accordance with the requirements of Article 122 of this Code.
7. While a judge is hearing the issue of imposition of remand, a record of the respective court hearing shall be drawn up. The record shall contain clarifications of the person delivered before the judge, motions and observations of a prosecutor and a defence counsel.

Article 124. Delivery of a person on remand before a pre-trial investigation judge of a court of another district or another court chamber


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1. A person on remand whose delivery before a pre-trial investigation judge who imposed remand or before another pre-trial investigation judge of the same district court or, in the case of a court composed of court chambers, before a pre-trial investigation judge of the same court chamber is not possible within 48 hours from the time of placement on remand shall be delivered respectively before a pre-trial investigation judge of another district court or of another court chamber of that court. Having questioned the person on remand, the judge shall uphold a ruling to impose remand and set a specific term of remand or shall issue a ruling to replace this supervision measure or to lift it.
2. If a defence counsel cannot participate in a questioning of a person on remand or a court cannot be provided with all the material necessary to resolve the issue of remand, and a judge does not consider that this supervision measure needs to be replaced or lifted, he shall temporarily uphold a ruling to impose remand and lay down a time limit within which the person on remand must be delivered before the judge in accordance with Article 123(3) of this Code for the taking of a decision on further implementation of remand. 

Article 125. Content of a decision or a ruling to impose a supervision measure
1. When imposing a supervision measure, a pre-trial investigation officer or a prosecutor shall adopt a reasoned decision, and a judge or a court shall issue a reasoned ruling.
2. A decision or a ruling to impose a supervision measure must indicate:


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1) the forename, surname, date of birth, place of residence and place of employment of a suspect;
2) a criminal act which the person is suspected of having committed, the place, time, manner and other circumstances of commission of this act, a criminal law providing for liability for that criminal act;
3) the data giving grounds for believing that the suspect committed that criminal act;
4) the purpose pursued when imposing the supervision measure or, in the case of the ruling to impose remand, the conditions of imposition of remand, one or more grounds and reasons for imposing remand as specified in Article 122 of this Code, as well as the facts and reasons on the basis of which less severe supervision measures were not imposed in order to attain the objectives provided for in Article 119 of this Code.
3. A decision or a ruling to impose a supervision measure shall be notified to a suspect against his signature.

Article 126. Content of a ruling to refuse to impose remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance and of a ruling to refuse to impose remand and to impose another supervision measure
A ruling to refuse to impose remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance and a decision to refuse to impose remand and to impose another supervision measure must contain the data listed in points 1 and 2 of Article 125(2) of this Code, also the facts and reasons for refusing to impose remand, intensive supervision, house arrest and the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance or the facts and reasons for refusing to impose remand and imposing another supervision measure.

Article 127. Duration of remand and extension of the term thereof


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1. Remand may not last more than six months. A specific term of remand shall be set by a pre-trial investigation judge in a ruling imposing remand, however, remand may initially be imposed for a period not exceeding three months. As regards a minor, remand may initially be imposed for a period not exceeding two months. The term of remand may be extended but for no longer than six months or, in respect of minors, for no longer than four months by the same or another pre-trial investigation judge of a court of the same district or, where the court is composed of court chambers, of the same court chamber or by a pre-trial investigation judge of a court of another district court or of another court chamber of that court. The rules for imposing remand upon minors shall also apply to a person who, at the time of taking of the judge’s decision, has reached the age of majority. 
2. Due to the particular complexity or large volume of a case, the term of remand provided for in paragraph 1 of this Article may be extended by a judge of a regional court but for no longer than three months or, in respect of minors, for no longer than two months. The term of remand may be extended repeatedly but during a pre-trial investigation the term of remand may not exceed nine months or, in respect of minors, six months. In cases of serious or grave crimes, as well as in cases where members of a group of accomplices, an organised group or a criminal association are suspected or accused of committing criminal acts, or where persons are placed on remand in a foreign state, the term of remand may not exceed 18 months or, in respect of minors, 12 months. 
3. During a pre-trial investigation, a prosecutor must refer with a motion for extension of the term of remand to a pre-trial investigation judge at least ten days or, where


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of the term of remand to a pre-trial investigation judge at least ten days or, where remand is imposed or extended for a period of less than one month, at least five days before the expiry of the previously imposed or extended term of remand or to a regional court where, in the event of extension of the term of remand, the total period of remand would exceed six months or the period of remand imposed or extended in respect of minors would exceed four months or where remand lasts six months or, in respect of minors, four months. 
4. A prosecutor’s motion for extension of the term of remand must contain the data listed in Article 125(2) of this Code. Where, upon extension of the term of remand, the total period of remand would exceed six months, the period of remand imposed or extended in respect of minors would exceed four months or where remand lasts six months or, in respect of minors, four months, the prosecutor’s motion must contain factual data and the reasons why the case should be considered particularly complex or of large volume and list the main pre-trial investigation actions performed after the imposition of remand or last extension of the term of remand.
5. A court may not refuse to grant a prosecutor’s motion for extension of the term of remand solely on the ground that such a motion was filed after the expiry of the time limits provided for in paragraph 3 of this Article.
6. In order to resolve the issue of extension of the term of remand during a pre-trial investigation, a pre-trial investigation judge or a judge of a regional court must hold a hearing to which a defence counsel and a prosecutor shall be summoned. Participation of these persons in the hearing shall be compulsory. Where necessary, the person on remand may be delivered to the hearing. The person on remand must be delivered to the hearing where the issue of


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delivered to the hearing. The person on remand must be delivered to the hearing where the issue of extension of the term of remand lasting for more than six months is being considered. A minor on remand must be delivered to the hearing where the issue of extension of the term of remand lasting for more than four months is being considered. Participation of the person on remand in the court hearing may be ensured by audiovisual transmission. The person on remand who participates in the hearing referred to in this paragraph and the defence counsel shall have the right of access to all the material submitted by the prosecutor requesting extension of the term of remand.
7. At the hearing referred to in paragraph 6 of this Article, the judge shall issue a ruling to extend the term of remand or not to extend this term or not to extend this term and to impose another supervision measure. The judge shall issue the ruling not to extend the term of remand if he establishes that, over the last two months of the application of the supervision measure of remand, not all the measures as provided for by law have been taken to conduct an investigation and to detect a criminal act within the shortest possible time and the prosecutor has not indicated any objective reasons for not doing so. The content of the ruling issued by the judge shall be specified in Article 125 of this Code.
8. If the judge issues a ruling not to extend the term of remand, the person on remand shall be released only upon the expiry of the previously imposed or extended term of remand. The judge may decide to release the person immediately if he establishes that remand was imposed or extended in the absence of necessary conditions or grounds therefor.
9. Where a case is referred to court, the issue of extension of the term of remand shall be decided by a court before which the case is pending, irrespective of whether a prosecutor’s motion for extension of the term of remand has been


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irrespective of whether a prosecutor’s motion for extension of the term of remand has been received. If the court has referred the case to a prosecutor, the term of remand may be extended by the court for no longer than three months or, in respect of minors, for no longer than two months.


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10. The terms laid down in this Article shall apply to persons extradited to the Republic of Lithuania under treaties to which the Republic of Lithuania is a party or under a European arrest warrant from the moment of their surrender to the Republic of Lithuania.
11. Throughout the course of criminal proceedings, remand may not exceed two thirds of the maximum term of a custodial sentence imposed by a criminal law for the most serious crime in respect of which a case is being investigated and heard.

Article 128. Notification of placement of a suspect on remand


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1. A prosecutor who participated in the imposition of remand must, without delay, notify of the placement of a suspect on remand one of the family members, close relatives indicated by the person on remand or any other person indicated by the person on remand. If the person on remand does not indicate any person, the prosecutor must, at his own discretion, notify one of the family members or close relatives of the suspect if such can be identified. Where the person on remand is a minor, the prosecutor must, without delay, notify of the placement of the minor suspect on remand the parents or other legal representatives of the minor, or, where such a notification would be contrary to the interests of the minor on remand, any other suitable adult person. In addition, the suspect on remand must, without delay, be given the opportunity to contact one of his family members, close relatives or any other person indicated by the person on remand. A prosecutor may, by a reasoned decision, temporarily refuse to notify of the placement of remand or to deny contact to the person indicated by the person on remand where this would prejudice a positive outcome of a pre-trial investigation or pose a threat to the security of family members, close relatives of the person on remand or other persons. In this case, also in the cases when the minor on remand does not have parents or other legal representatives or it is impossible to identify them or when notification of these persons would be contrary to the interests of the minor on remand, a state institution for the protection of the rights of the child must be notified without delay of the placement of the minor suspect on remand. The prosecutor’s decision may be appealed against to a pre-trial investigation judge within five days from the service of a transcript of the decision on the suspect or his defence counsel. The pre-trial investigation judge must hear the appeal within seven days from the receipt thereof and issue a ruling.


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investigation judge must hear the appeal within seven days from the receipt thereof and issue a ruling. The ruling issued by the pre-trial investigation judge shall not be subject to appeal. 
2. A prosecutor shall send transcripts of a ruling to impose remand or to extend the term of remand to a remand facility.
3. A prosecutor shall, without delay, notify the imposition of remand on a national of another state to the Ministry of Foreign Affairs of the Republic of Lithuania and, if the person on remand so requests, to a diplomatic mission or a consular post of his state of nationality. A suspect who has two or more nationalities may, if possible, choose the state whose diplomatic mission or consular post is to be informed of his placement on remand. Moreover, at the request of the suspect on remand, he must, without delay, be given the opportunity to communicate with the representatives of the diplomatic mission or consular post of his state of nationality. The person on remand must, without delay, be instructed in a language which he understands as to his right to communicate with these institutions. 
4. A prosecutor or a pre-trial investigation officer must notify a victim of the placement of a suspect on remand and ascertain whether the victim wishes to be notified of the future release of the suspect or his escape from the place of custody. The victim shall also be notified of the safeguards provided for in legal acts which may be applied to him and of the procedure for applying them. It shall not be necessary to notify of the placement of the suspect on remand if the victim’s place of residence is unknown, also if such notification could cause harm to the suspect. If there are many victims, it shall be sufficient to give a notice of the placement of the suspect on remand to the person/persons representing their interests. A record shall be drawn up regarding notification of the victim. If the victim requests to be notified of the


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record shall be drawn up regarding notification of the victim. If the victim requests to be notified of the future release of the suspect or his escape from the place of custody, the prosecutor or the pre-trial investigation officer shall draw up a note. This note shall be sent by the prosecutor or the pre-trial investigation officer to the suspect’s remand facility. The suspect and his defence counsel shall be prohibited from accessing the content of this note.

Article 129. Measures to ensure provision of children of a person on remand with care and protection of his property


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1. If a person on remand has children under the age of 18 years who are left without required care, a prosecutor or a court must hand them over for guardianship or curatorship to family members, close relatives, other persons or institutions.
2. If a person on remand has property or housing which is to be left unattended, a prosecutor or a court must discuss with the person on remand and take measures to protect such property or housing.
3. A prosecutor or a court shall notify a person on remand of the measures referred to in paragraph 1 or 2 of this Article.

Article 130. Right of a person on remand or his defence counsel to appeal against a ruling to impose remand or a ruling to extend the term of remand or a ruling to refuse to impose remand and to impose another supervision measure


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1. A person on remand or his defence counsel shall have the right to appeal to a higher court against the imposition of remand, against the extension of the term of this supervision measure and against the refusal to impose remand and the imposition of another supervision measure. An appeal against the imposition of remand or the extension of the term of this supervision measure or against the refusal to impose remand and the imposition of another supervision measure may be filed within 20 days from the issue of the respective ruling. The appeal shall be filed with the court which imposed remand or extended the term thereof, and the court must refer the appeal without delay to the higher court. A judicial panel of three judges of the higher court must hear the appeal not later than within seven days from the receipt thereof. A hearing shall be held to hear the appeal; the person on remand and his defence counsel or the defence counsel alone shall be summoned to the hearing. Participation of a prosecutor in the hearing shall be compulsory. Participation of the person on remand in the court hearing may be ensured by audiovisual transmission. The prosecutor must submit to the higher court the pre-trial investigation material necessary for the hearing of the appeal. The person on remand who participates in the hearing referred to in this paragraph and his defence counsel shall have the right of access to all the material submitted by the prosecutor. Where the appeal was filed in the course of hearing of the case in court, the court whose ruling has been appealed against must transmit to the higher court the case file necessary for the hearing of the appeal.
2. Having hearing the appeal, the higher court shall issue a ruling to uphold the imposed remand or the extended term of remand or to modify the term of remand or to replace remand by another supervision measure or to lift remand. The ruling issued by the judicial panel of three judges of the higher court shall be final and not subject to appeal.
3. If remand is


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of the higher court shall be final and not subject to appeal.
3. If remand is imposed or the term thereof is extended in the course of hearing of a case before the Court of Appeal of Lithuania, appeals against the imposition and extension of the term of remand shall be heard before a judicial panel of three judges of the Court of Appeal of Lithuania, which may not consist of judges hearing that case.
Note from the Register of Legal Acts. Appeals filed in accordance with the procedure laid down in Article 130 of the Code of Criminal Procedure of the Republic of Lithuania before the entry into force of Law No XII-1878 of 25 June 2015 (11-07-2015) shall be heard in accordance with the procedure valid before the entry into force of this Law.

Article 131. Prosecutor’s right to appeal against a judge’s ruling


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1. During a pre-trial investigation or the hearing of a case in court, a prosecutor shall, not later than within three days from the issue of an appropriate ruling, have the right to appeal to a higher court against non-imposition of remand or release of a person who is on remand or against non-extension of the term of remand or against the refusal to impose remand and imposition of another supervision measure. The appeal shall be filed through a court which did not impose remand, released the person who is on remand or did not extend the term of remand or refused to impose remand and did not impose another supervision measure, and this court must refer the appeal to a higher court without delay. A judicial panel of three judges of the higher court must hear the appeal not later than within seven days from the receipt thereof. A hearing shall be held to hear the appeal; a suspect or an accused person and his defence counsel shall be summoned to the hearing. Failure of the suspect or the accused person to appear shall not preclude the court from hearing the appeal. Participation of the prosecutor and the defence counsel in the hearing shall be compulsory. The prosecutor must submit to the higher court the pre-trial investigation material necessary for the hearing of the appeal. The suspect or the accused person, where he is present at the hearing, and his defence counsel shall have the right of access to all the material submitted by the prosecutor. Where the appeal was filed in the course of hearing of the case in court, the court whose ruling has been appealed against must transmit to the higher court the case file necessary for the hearing of the appeal. 
Note from the Register of Legal Acts. Appeals filed in accordance with the procedure laid down in Article 131 of the Code of Criminal Procedure of the Republic of Lithuania before the entry into force of Law No XII-1878 of 25 June 2015 (11-07-2015) shall be heard in accordance with the procedure valid before


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25 June 2015 (11-07-2015) shall be heard in accordance with the procedure valid before the entry into force of this Law.
2. Having heard the appeal, the higher court shall issue a ruling to refuse to impose remand or to refuse to extend the term of remand, or to refuse to impose remand, or to extend the term of remand and to impose another supervision measure, or to impose remand, or to extend the term of remand, or to lift remand. The ruling issued by the judicial panel of three judges of the higher court shall be final and not subject to appeal.
3. If remand is imposed or the term thereof is extended in the course of hearing of a case before the Court of Appeal of Lithuania, appeals against the imposition and extension of the term of remand shall be heard before a judicial panel of three judges of the Court of Appeal of Lithuania, which may not consist of judges hearing that case.
4. An appeal filed by a prosecutor shall not have suspensory effect on the execution of a ruling issued by a court.


Article 1311 . Intensive supervision


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1. Intensive supervision shall mean the control of a suspect by electronic surveillance means.
2. During a pre-trial investigation, intensive supervision  shall be imposed at a prosecutor’s request by a ruling of a pre-trial investigation judge. The issue of imposition of intensive supervision shall be decided at a hearing to which the prosecutor, a suspect and his defence counsel shall be called in. Where the case is referred to court, a court before which the case is pending shall decide on the imposition of intensive supervision or extension of the term thereof by issuing a ruling. 
3. When imposing intensive supervision, the conditions of this supervision measure shall be laid down. The rules for enforcing and controlling intensive supervision shall be approved by an institution authorised by the Government of the Republic of Lithuania.
4. The term of intensive supervision shall be set by a pre-trial investigation judge or a court in a ruling imposing intensive supervision, however, intensive supervision may initially be imposed for a period not exceeding six months. This term may be extended by a ruling of the pre-trial investigation judge for a period of up to three months. The number of extensions shall not be restricted.
5. A suspect shall be warned that he may be imposed remand for breach of the specified conditions of intensive supervision and for failure to comply with the duties and prohibitions specified in paragraphs 6 and 7 of this Article, should there be a ground therefor.
6. A suspect who is subject to intensive supervision must:
1) wear an electronic surveillance device;
2) observe the specified daily routine.
7. A suspect who is subject to intensive supervision shall be prohibited from removing, damaging or destroying an electronic surveillance device.

Article 132. House arrest


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1. House arrest shall be the obligation for a suspect to stay in his place of residence during specified times, not to visit public places and not to communicate with certain persons.
2. During a pre-trial investigation, house arrest shall, at a prosecutor’s request, be imposed by a ruling of a pre-trial investigation judge. The issue of imposition of house arrest shall be decided at a hearing to which the prosecutor, a suspect and his defence counsel shall be called in. Failure of the suspect or his defence counsel to appear without compelling reasons shall not preclude the imposition of house arrest.
3. When imposing house arrest, the conditions of this supervision measure shall be laid down. A suspect shall be warned that he may be imposed remand or be subject to intensive supervision for breach of the conditions of house arrest, should there be a ground therefor.
4. The term of house arrest shall be set by a pre-trial investigation judge in a ruling to impose house arrest, however, house arrest may initially be imposed for a period not exceeding six months. This term may be extended by a ruling of the pre-trial investigation judge for a period of three months. The number of extensions shall not be limited. Where the case is referred to court, a court before which the case is pending shall decide on the imposition of house arrest or extension of the term thereof by issuing a ruling.
5. Decisions of a pre-trial investigation judge and a court on the imposition of house arrest, the extension of the term thereof or the refusal to impose house arrest or to extend the term thereof shall be appealed against in accordance with the procedure laid down in Part X of this Code.

Article 1321. Obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance


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1.	A suspect may be placed under the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance where there are reasonable grounds for believing that he will attempt to unlawfully influence the victim or will commit new criminal acts against the victim or persons residing together with him. When imposing the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance, the suspect may also be placed under the obligation not to communicate in any form and seek contact with the victim and persons residing with him, also not to visit certain places which the victim or persons residing with him visit. The victim shall remain in the dwelling where the suspect and the victim previously permanently resided.
2.	During a pre-trial investigation, the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance shall, at a prosecutor’s request, be imposed by a ruling of the pre-trial investigation judge.
3.	When imposing the supervision measure of the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance, a suspect shall be warned that another supervision measure may be imposed on him for failure to comply with this obligation.

Article 133. Bail


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1. Bail shall mean a cash contribution paid to the deposit account of a prosecutor’s office or of a court by a suspect, his family members or relatives as well as other persons, undertakings or organisations and intended for the purposes indicated in Article 119 of this Code.
2. The amount of bail and the time limit for payment thereof shall be determined by a prosecutor, a pre-trial investigation judge or a court imposing this supervision measure having regard to a criminal act, the level of the penalty to be imposed upon a suspect, the financial situation of the suspect and the bailsperson and their personalities. In the event that the suspect or the bailsperson fails to voluntarily pay into the deposit account of a prosecutor’s office or a court a cash contribution sufficient to achieve the objectives specified in Article 119 of this Code by the date of the adoption of a decision or a ruling to impose bail, the prosecutor, the pre-trial investigation judge or the court imposing bail shall set a time limit of three days for the payment of bail in the amount specified in the decision or the ruling. This time limit shall run from the service on the suspect of the ruling or the decision to impose bail. When determining the amount of bail to be paid, the prosecutor, the pre-trial investigation judge or the court must assess the cash contributions voluntarily paid into the deposit account of the prosecutor’s office or the court by the suspect or the bailsperson. The bail imposed by the decision shall be paid into the deposit account of the prosecutor’s office, whereas the bail imposed by the ruling shall be paid into the deposit account of the court. The suspect or the bailsperson who has paid a bail in the specified amount into the deposit account of the prosecutor’s office or the court within the time limit provided for in the decision or the ruling must, without delay, notify thereof the prosecutor, the pre-trial investigation judge or the court imposing bail and


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without delay, notify thereof the prosecutor, the pre-trial investigation judge or the court imposing bail and submit a document confirming the payment of the contribution (receipt). 
3. In the event that the bail of the specified amount is not paid for objective reasons, the suspect shall have the right to refer to the prosecutor or the pre-trial investigation judge or the court with a request to set a longer time limit for the payment of bail. Upon assessing the circumstances indicated in the suspect’s request, the prosecutor, the pre-trial investigation judge or the court shall have the right to set a new time limit for the payment of bail, which may not exceed three days. A decision or a ruling refusing to lay down a longer time limit for the payment of bail shall not be subject to appeal. Where the bail of the specified amount is not paid into the deposit account of the prosecutor’s office or the court within the time limit referred to in paragraph 2 of this Article or the new time limit, the prosecutor shall adopt a decision to replace bail by another supervision measure or, in the cases specified by this Code, refer to the pre-trial investigation judge or the court for the imposition of a more severe supervision measure.
4. When accepting bail, the bailsperson must be instructed as to his liability as a bailsperson.
5. The decision or the ruling to impose the supervision measure of bail shall specify the amount of bail, the time limit for the payment of bail, the place of residence of the suspect to which summonses issued by the pre-trial investigation officer, a prosecutor or a court are to be sent, also indicate that the suspect has been instructed as to the duty to appear before a pre-trial investigation officer, a prosecutor, a judge or a court when summoned, to refrain from interfering with the course of proceedings, to refrain from committing new criminal acts and that the suspect undertakes to comply with this duty and that the


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refrain from committing new criminal acts and that the suspect undertakes to comply with this duty and that the bailsperson has been warned that the bail will be forfeited to the State if the suspect fails to comply with this duty. Moreover, the decision or the ruling shall indicate the banking institution whereto the suspect or the bailsperson has paid the cash contribution of the specified amount or shall indicate the deposit account of the prosecutor’s office or the court to which the bail of the specified amount must be paid within the time limit referred to in paragraph 2 of this Article. The document confirming the payment of the contribution (receipt) shall be attached to the criminal case file. A transcript of the decision or the ruling imposing the supervision measure of bail shall be served on the suspect and the bailsperson against his signature.
6. Where the suspect breaches the supervision measure of bail, another supervision measure may be imposed on him, and bail shall be forfeited to the State. A decision shall be adopted, or a ruling shall be issued, regarding the forfeiture of the cash contribution paid as bail to the State or this fact shall be noted in the operative part of the judgment. A decision of a prosecutor may be appealed against to a pre-trial investigation judge, and a ruling of a judge or a court to a higher court within five days from the receipt of a notice of the adoption of the decision or the issue of the ruling.
7. Upon the expiry of the supervision measure of bail, bail shall be returned to the bailsperson. The amount of bail paid may, subject to the consent of the bailsperson and the suspect, be used for ensuring compliance with the imposed penal sanction, payment of a fine, satisfaction of a civil claim or recovery of the costs of proceedings incurred.

Article 134. Seizure of documents
Seizure of documents as a supervision measure may be imposed by a decision of a prosecutor or a ruling of a court


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documents as a supervision measure may be imposed by a decision of a prosecutor or a ruling of a court or, in urgent cases, by a decision of a pre-trial investigation officer. A passport, an identity card, a driving licence may be seized from a suspect. Upon the seizure of the documents, the suspect shall be issued a note in the format specified by the Prosecutor General indicating the documents seized.

Article 1341 . Suspension of a special right


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1. During the period of suspension of a special right, it shall be prohibited to exercise this right.
2. A person who is subject to suspension of a special right may, if he breaches this supervision measure, be subject to a more severe supervision measure together with suspension of the special right. 

Article 135. Obligation of a suspect to periodically report to the police
1. A suspect may be placed under the obligation to report to the police by a decision of a prosecutor or by a ruling of a court or, in urgent cases, by a decision of a pre-trial investigation officer. The decision or the ruling must indicate the address of the police station, the days of the week or month and the time of day at which the suspect must appear at the police station for reporting. If the suspect fails to appear for reporting in due time, an officer of the police station must, without delay, notify a prosecutor and take measures to determine the whereabouts of the suspect.
2. A suspect who breaches the obligation to periodically report to the police may be subject to a more severe supervision measure.

Article 136. Written pledge not to leave
1. A written pledge not to leave shall be a written commitment, undertaken by a suspect, not to leave the Republic of Lithuania, not to leave his place of residence or temporary stay without the permission of a pre-trial investigation officer, a prosecutor or a court.
2. A written pledge not to leave may also oblige a suspect not to visit certain places and not to communicate or seek contact with certain persons.
3. A suspect who breaches a written pledge not to leave may be subject to a more severe supervision measure. When accepting the written pledge, the suspect must be warned of the possible imposition of a more severe supervision measure.

Article 137. Observation by command of a military unit


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1. The observation of a suspect serviceman by the command of a military unit shall be the measure, as provided for in the statutes of the Armed Forces of the Republic of Lithuania, intended to ensure that the suspect acts properly and, when summoned, appears before a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court.
2. A decision or a ruling to impose the supervision measure referred to in paragraph 1 of this Article shall be transmitted to the command of the military unit.
3. The command of the military unit shall give a written notice of the carrying out of observation to the pre-trial investigation officer, the prosecutor or the court who/which imposed this supervision measure.

Article 138. Placement of a minor under supervision
1. Placement of a minor suspect under the supervision of his parents, curators or other natural or legal persons caring for children shall mean a written pledge by any of the persons to ensure that the minor suspect acts properly and, when summoned, appears before a pre-trial investigation officer, a prosecutor or a court.
2. When accepting the written pledge, the persons to be entrusted with supervision of the minor must be familiarised with the substance of a criminal act in respect whereof this supervision measure is imposed upon the minor suspect. Moreover, the persons to be entrusted with supervision of the minor shall be instructed as to their liability if the minor suspect evades a pre-trial investigation or a trial.
3. Where a minor suspect evades appearing before a pre-trial investigation officer, a prosecutor or a court, a fine in the amount of up to five minimum standards of living (MSLs) may, by a decision of the prosecutor or by a ruling of the court, be imposed on the persons entrusted with the minor suspect’s supervision.

Article 139. End of the application of a supervision measure


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1. An imposed supervision measure shall be lifted when it is no longer necessary or shall be replaced by a more severe or less severe measure when the circumstances of a case so require. The supervision measure shall be lifted or replaced by a prosecutor’s decision or by a court’s ruling.
2. If during a pre-trial investigation the grounds for imposition of remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance cease to exist or the conditions necessary for the application of these supervision measures are no longer present, a prosecutor must, without delay, adopt a decision to release a suspect who is on remand or lift the supervision measure of intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance or relax the conditions of application of these supervision measures. A transcript of such a decision shall be sent to a pre-trial investigation judge who imposed remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance or who extended the period of application of these supervision measures.
3. The application of supervision measures shall also end: upon the expiry of the period of application of a supervision measure, after a judgment of acquittal becomes final or upon the commencement of execution of a sentence.

CHAPTER XII
OTHER PROCEDURAL COERCIVE MEASURES

Article 140. Temporary detention


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1. A prosecutor, a pre-trial investigation officer or any person may detain a person who was caught in the process of commission of a criminal act or immediately after having committed it. If the person is detained by a person other than the prosecutor or the pre-trial investigation officer, the fact of detention must be notified to the police without delay.
2. Temporary detention without a person having been caught in the process of commission of a criminal act or immediately after having committed the criminal act shall be possible by a decision of a prosecutor or a pre-trial investigation officer only in exceptional cases, provided that all of the following conditions are met:


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1) it transpires that there are grounds and conditions for the imposition of remand as provided for in Article 122 of this Code;
2) it is necessary to restrict the person’s liberty without delay in order to achieve the objectives provided for in Article 119 of this Code;
3) there is no possibility to refer particularly urgently to a court for the imposition of remand in accordance with the procedure laid down in Article 123(2) of this Code.
3. The fact of detention of any person by a pre-trial investigation officer or by another person must, within the shortest possible time, be notified to a prosecutor by sending a transcript of a record of temporary detention. 
4. Temporary detention may not last longer than is necessary to establish a person’s identity and to perform necessary procedural actions. The maximum length of temporary detention shall be 48 hours. If, in the cases provided for in paragraph 2 of this Article, the detained person has already been questioned as a suspect in proceedings, temporary detention may not last longer than 24 hours, this period may be extended up to the maximum length of temporary detention by a decision of a prosecutor. If remand needs to be imposed on the detained person, he must, not later than within 48 hours, be delivered before a judge, who shall resolve the issue of imposition of remand in accordance with the procedure laid down by this Code. The period of temporary detention shall start from the actual detention of a person at the site of commission of a criminal act or elsewhere.
5. A pre-trial investigation officer or a prosecutor shall, within the shortest possible time, draw up a record of temporary detention concerning a person’s detention.
6. A person who has been temporarily detained must be questioned as a suspect not later than within 24 hours after having been brought to a pre-trial investigation body or a prosecutor’s office, preceded by the actions provided for in Article 187 of this


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body or a prosecutor’s office, preceded by the actions provided for in Article 187 of this Code.
7. Detention shall be notified without delay in accordance with the procedure laid down in Article 128(1) and (3) of this Code. 
8. A detained person must be released without delay if:


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1) the suspicion that he committed a criminal act has been proved to be unfounded;
2) it is established that there are no grounds and conditions for the imposition of remand provided for in Article 122 of this Code or remand is not necessary;
3) the period of detention provided for by law has expired;
4) a court issues a ruling to refuse to impose remand.
9. The period of temporary detention shall be included in the term of remand and the term of a sentence.

Article 141. Placement in a health care institution


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1. If a suspect is required to undergo a forensic medical or forensic psychiatric examination during an investigation or hearing of a criminal case, the suspect may, by a ruling of a pre-trial investigation judge or a court, be placed in an expert examination facility and be held there until the submission of an expert report to a prosecutor or to the court. The period of stay in the expert examination facility shall be included in the term of remand.
2. Where it is found upon completion of a forensic psychiatric examination that a suspect poses a danger to the public due to his mental illness, the period of his stay in an expert examination facility may be extended by a ruling of a judge or the suspect may be transferred to another specialised facility until a court decides on the imposition of compulsory medical measures. The period of stay in another specialised facility shall be extended by the ruling of the judge and shall be included in the term of remand.
3. A suspect shall be placed in an expert examination facility, also time limits for a person’s stay in the facility shall be determined or extended in accordance with the same procedure as when imposing, extending or appealing against remand.
4. A suspect on remand shall be placed in an expert examination facility during a pre-trial investigation by a decision of a prosecutor.
5. An accused person may also be placed in an expert examination facility.

Article 142. Bringing in of persons


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1. A suspect, an accused person, a victim and every person summoned as a witness must, when summoned, appear before a pre-trial investigation officer, a prosecutor or a court. Where the suspect, the accused person, the victim or the witness fails to appear before the pre-trial investigation officer, the prosecutor or the court without compelling reasons, he may be brought in. If the whereabouts of the suspect or the accused person are unknown, a search notice shall be issued in respect of the suspect or the accused person by a decision of the pre-trial investigation officer or the prosecutor or by a ruling of the court. The pre-trial investigation officer must notify the prosecutor without delay in writing of the issue of the search notice in respect of the suspect.
2. A person shall be brought in by the police by a decision of a pre-trial investigation officer or a prosecutor or by a ruling of a pre-trial investigation judge or a court.

Article 143. Person’s visual inspection
1. A pre-trial investigation officer or a prosecutor shall have the right to perform a visual inspection of the body of a suspect, a victim or another person and to determine, where necessary, whether there are traces of a criminal act or distinguishing marks on his body.
2. If a person does not agree to have his body visually inspected, a pre-trial investigation officer or a prosecutor shall adopt a decision binding on that person.
3. If a visual inspection involves undressing, it shall be performed by a pre-trial investigation officer or a prosecutor or a physician of the same sex.
4. A visual inspection record shall be drawn up.

Article 144. Sampling for comparative analysis


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1. A pre-trial investigation officer or a prosecutor shall have the right to take samples from a suspect for comparative analysis. Such samples may be taken from a victim or a witness only if it is necessary to check whether these persons left traces at the site of the incident or on objects.
2. If a person refuses to give samples for comparative analysis, a prosecutor shall adopt a decision binding on that person.
3. A record of sampling for comparative analysis shall be drawn up.

Article 145. Search


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1. When there is a ground for believing that in any premises or in another place there are kept instruments of commission of a criminal act, the objects and valuables obtained or acquired by criminal means, also the objects or documents that may be relevant to the investigation of the criminal act or that they are held by a person, a pre-trial investigation officer or a prosecutor may conduct a search to find and seize them.
2. A search may be conducted also to find the people who are being searched for, as well as dead bodies.
3. A search shall be conducted under a reasoned ruling of a pre-trial investigation judge. The ruling must indicate which of the items referred to in paragraphs 1 and 2 of this Article will be searched for.
4. In the course of a search, participation of the owner, the lessor, the manager of the apartment, house or other premises being searched, an adult family member or a close relative thereof or, where the search is being conducted in an undertaking, agency or organisation, a representative of that undertaking, agency or organisation shall be compulsory. When it is not possible to ensure participation of these persons, the search shall be conducted in the presence of a witness to search or a representative of a municipal institution. If required, witnesses to search may be called in to participate in the search also in other cases.
5. A search on plots of land, in the forest and in water bodies may be conducted also in the absence of the owner, the lessor or the manager thereof, however these persons shall be subsequently notified in writing about the search.

Article 146. Body search
1. A body search shall be conducted in accordance with the same rules as a search of an apartment, a house or other premises.
2. A body search may be conducted without a separate ruling issued thereon:


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1) when detaining or placing on remand;
2) where there are reasonable grounds for believing that a person staying in the premises or another place wherein a seizure or a search is being conducted conceals on himself the objects or documents that could be relevant to the investigation of a criminal act.
3. A body search may only be conducted by a person of the same sex.
4. The persons referred to in Article 145(4) of this Code shall not be under the obligation to participate in a body search.

Article 147. Seizure
1. If it is necessary to seize the objects or documents that are relevant to the investigation of a criminal act and it is precisely known where they are or who is holding them, a pre-trial investigation officer or a prosecutor may conduct a seizure. The seizure shall be conducted under a reasoned ruling of a pre-trial investigation judge.
2. The persons holding the objects or documents to be seized must not interfere with the officers conducting the seizure. The persons who fail to comply with this duty may be subject to a fine pursuant to Article 163 of this Code.
3. The persons referred to in Article 145(4) of this Code must participate when conducting a seizure.
4. If the persons holding the objects or documents to be seized do not surrender them, the objects or documents may be seized by force.

Article 148. Seizure of postal items


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1. A seizure of postal items shall be allowed only under a ruling of a pre-trial investigation judge. Instructions of an officer conducting the seizure of the postal items shall be mandatory for the staff of a post office. The persons who fail to comply with these instructions may be subject to a fine pursuant to Article 163 of this Code.
2. The right to check the content of the postal items seized shall be vested in a prosecutor, a judge and a court.

Article 149. Procedure for conducting a search and a seizure


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1. When commencing a search and a seizure, an officer must announce a ruling or a decision regarding the search or the seizure and serve one transcript of the ruling or the decision regarding the search or the seizure on the person subject to the search. Subsequently, the officer must demand that the objects or documents listed in the ruling or the decision be surrendered or the whereabouts of the person in hiding be indicated.
2. When conducting the search or the seizure, the officer shall have the right to open locked premises and containers if the person refuses to open them. The officer must refrain from causing unnecessary damage to locks, doors and other items.
3. The officer shall have the right to prohibit the persons staying in the premises or place wherein the search or the seizure is being conducted, as well as the persons entering these premises or place from leaving the premises or the place, communicating with each other or with other persons before the end of the search or the seizure.
4. The premises or the place wherein the search or the seizure is being conducted may be encircled by officers.
5. It shall be prohibited to conduct searches or seizures at night, except in urgent cases.
6. When conducting the search or the seizure, the officer shall have the right to seize only those objects and documents that may be relevant to the investigation. The objects and documents whose circulation is prohibited by laws must be seized regardless of their connection with the investigation.
7. All objects and documents seized shall be shown to participating persons and listed in a record of the search or the seizure or in an inventory attached to the record (indicating their quantity, weight, individual characteristics, wear). The objects and documents seized must be packed and sealed as appropriate at the place of the search or the seizure.
8. When conducting the search or the seizure, the officer must take measures to prevent the disclosure of the circumstances of the private life of the person and other persons residing in those premises which transpired


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disclosure of the circumstances of the private life of the person and other persons residing in those premises which transpired as a result of the search or the seizure.
9. If there are no witnesses to the search or the seizure, an audio and video recording shall be made during the search or the seizure at the request of the persons participating therein.


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10. A record of a search or a seizure shall be drawn up. The record must indicate the objects and documents seized and provide a description of their main characteristics. If no objects or documents were seized during the search, this shall be indicated in the record. One copy of the record of the search or the seizure shall be left to the person subject to the search or the seizure.

Article 150. Conditions of conducting a search and a seizure in premises of diplomatic missions
1. Searches and seizures in the premises wherein a diplomatic mission is located or members of the diplomatic mission and their families reside may be conducted only at the request or with the consent of diplomatic representatives. The consent of a diplomatic representative to a search and a seizure shall be obtained through the Ministry of Foreign Affairs of the Republic of Lithuania.
2. When conducting searches and seizures in the premises referred to in paragraph 1 of this Article, participation of a prosecutor and a representative of the Ministry of Foreign Affairs of the Republic of Lithuania shall be necessary.

Article 1501 . Conditions of conducting a search and a seizure undertaken for the purpose of disclosing confidentiality of the source of information in premises and vehicles of producers and disseminators of public information, their participants and journalists 
When conducting searches and seizures in working, living and auxiliary premises and vehicles of producers and disseminators of public information, their participants and journalists, it shall be necessary to ensure compliance with the guarantees of protection of confidentiality of the source of information of these persons as specified in this Code and other legal acts, moreover, in all cases it shall be necessary to ensure participation of a representative authorised by the meeting of representatives of journalists’ and publishers’ organisations or a witness to the search or the seizure proposed by the owner or user of those premises or of the vehicle.

Article 151. Temporary restriction of the right of ownership


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1. In order to secure a civil claim, possible confiscation of property or an extended confiscation of property, a suspect or a natural person(s) who, under the law, is/are materially liable for actions of the suspect and who own the property obtained or acquired by criminal means or the property to be confiscated having the characteristics indicated in Article 723 of the Criminal Code of the Republic of Lithuania may be subject to temporary restriction of the right of ownership by a decision of a prosecutor. Temporary restriction of the right of ownership may be imposed in conjunction with a seizure or a search.
2. The right of ownership of a legal person may be temporarily restricted by a decision of a prosecutor in the cases when:


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1) it is aimed at securing a possible confiscation of property in the cases provided for in Article 72 of the Criminal Code of the Republic of Lithuania and a possible extended confiscation of property in the cases provided for in Article 723 of the Criminal Code of the Republic of Lithuania;
2) it is aimed at securing a civil claim where there is a sufficient ground for involving the legal person as a civil defendant.
3. An inventory of the property of the person whose right of ownership is temporarily restricted shall be drawn up in the presence of the persons referred to in Article 145(4) of this Code. All property subject to the inventory must be shown to the persons participating when drawing up the inventory of the property. A record of temporary restriction of the right of ownership or an annex to this record drawn up separately, namely, the inventory of the property, shall indicate the quantity and individual characteristics of the objects subject to the inventory. It shall be prohibited to temporarily restrict the right of ownership to the objects which, in accordance with the list specified by laws of the Republic of Lithuania, are essential for a suspect or for members of his family members and his dependants.
4. The property subject to temporary restriction of the right of ownership shall, at the discretion of a prosecutor, be transferred for safekeeping to a representative of a municipal institution or to the owner of this property or his family member, close relative or another person. They must be instructed as to liability for the conveyance, concealment, destruction of or the damage to this property pursuant to Article 246 of the Criminal Code of the Republic of Lithuania. In connection therewith, a written pledge shall be obtained from such persons. Where necessary, such property may be seized. Where the right of ownership of monetary deposits is temporarily restricted, all transactions therewith shall be terminated unless a decision on temporary restriction of the right of ownership specifies otherwise. 
5. The person whose right of ownership is temporarily restricted shall have the


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ownership specifies otherwise. 
5. The person whose right of ownership is temporarily restricted shall have the right to appeal against a prosecutor’s decision to a pre-trial investigation judge. The pre-trial investigation judge must hear this appeal not later than within seven days from the receipt of the appeal. A ruling of the pre-trial investigation judge shall be appealed against to a higher court; a ruling issued by this court shall be final and not subject to appeal.
6. The term of temporary restriction of the right of ownership imposed by a decision of a prosecutor may not exceed six months. This term may be extended by a ruling of a pre-trial investigation judge but for no longer than six months. The ruling extending the term of temporary restriction of the right of ownership and the refusal of the pre-trial investigation judge to extend the term of temporary restriction of the right of ownership shall be appealed against in accordance with the procedure laid down in Part X of this Code. Where the case is referred to court, a court before which the case is pending shall decide on the imposition of temporary restriction of the right of ownership or extension of the term thereof by issuing a ruling. The ruling of the court shall be appealed against in accordance with the procedure laid down in Part X of this Code. 
7. In criminal cases concerning the less serious crimes provided for in Article 189(1) and (2) of the Criminal Code of the Republic of Lithuania, serious or grave crimes or in criminal cases in which a civil claim is brought for compensation for the damage caused by a criminal act or where a suspect is in hiding, the number of extensions of the term of temporary restriction of the right of ownership shall not be limited.
8. Temporary restriction of the right of ownership shall be lifted by a decision of a prosecutor or by a court ruling where this measure becomes unnecessary.

Article 152. Decision to impose temporary restriction of the right of ownership


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1. A decision to impose temporary restriction of the right of ownership shall indicate:
1) the time and place of the taking of the decision;
2) the prosecutor who adopted the decision;
3) the reasons for adopting the decision and the grounds for imposing temporary restriction of the right of ownership;
4) the person whose right of ownership is to be temporarily restricted (the forename, surname, personal number and place of residence of a natural person; the name, address of the registered office and registration number of a legal person);
5) the person to secure whose claim the right of ownership is to be temporarily restricted (the forename, surname, personal number and place of residence of a natural person; the name, address of the registered office and registration number of a legal person), where the right of ownership is temporarily restricted in order to secure a civil claim;
6) the name of the property subject to temporary restriction of the right of ownership, the property’s code (if the property is registered in a register of property), brief description, location and other property identification data;
7) the owner/co-owners of the property subject to temporary restriction of the right of ownership (the forename, surname, personal number and place of residence of a natural person; the name, address of the registered office and registration number of a legal person);
8) the modes of temporary restriction of the right of ownership (full or partial restriction of the right of ownership) and the scope thereof;
9) the date of expiry of the term of temporary restriction of the right of ownership;
10) the custodian or administrator of the property (the forename, surname, personal number, place of residence of a natural person; the name, address of the registered office and registration number of a legal person);
11) the procedure for executing the decision;


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12) the procedure for appealing against the decision.
2. A decision shall, without delay and not later than on the next working day, be notified in accordance with the procedure laid down by this Code to the person whose right of ownership has been temporarily restricted and to all owners/co-owners of the property subject to temporary restriction of the right of ownership. A transcript of the decision imposing temporary restriction of the right of ownership shall be served on the owner/co-owners of the property subject to temporary restriction of the right of ownership. If it is not possible to notify the decision without delay, the decision shall be deemed to have been notified upon registration thereof in the register of property seizure acts.
3. A transcript of a decision to impose temporary restriction of the right of ownership must, without delay and not later than on the next working day, be sent to the data processor of the register of property seizure acts. 
4. If, at the time of the adoption of a decision to impose temporary restriction of the right of ownership, the composition and location of the property of the person whose right of ownership is to be temporarily restricted is unknown, it shall be possible not to indicate the specific property in this decision. In this case, the prosecutor who adopted the decision must take measures to determine the composition and location of the property of the person whose right of ownership is to temporarily restricted and, having done so, adopt an additional decision.
5. The additional decision shall be adopted, notified and registered in accordance with the procedure laid down in this Article.
6. Having lifted temporary restriction of the right of ownership, a prosecutor or a court must, without delay, notify thereof the data processor of the register of property seizure acts and submit a decision or a ruling lifting the temporary restriction of the right of ownership.

Article 153. Transmission of documents on temporary restriction of the right of ownership to a court dealing with bankruptcy proceedings


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1. If, in order to secure a civil claim in criminal proceedings, the right of ownership of an undertaking against which bankruptcy proceedings have been opened is temporarily restricted in accordance with the procedure laid down in Article 151 of this Code, all documents relating to temporary restriction of the right of ownership may be transmitted to a court dealing with the bankruptcy proceedings. The court dealing with the bankruptcy proceedings shall address all the issues relating to the restricted right of ownership.
2. The custodian or administrator of property designated in a criminal case shall retain all the rights and duties until the temporary restriction of the right of ownership is lifted.

Article 154. Control, recording and accumulation of information transmitted by electronic communications networks
1. Under a ruling of a pre-trial investigation judge issued at the request of a prosecutor, a pre-trial investigation officer may wiretap personal conversations transmitted by electronic communications networks, make recordings thereof, control, record and accumulate other information transmitted by electronic communications networks where there is a ground for believing that in this manner, data could be obtained on a grave, serious or less serious crime being planned, being or having been committed or on the minor crimes provided for in Article 1521, Article 162(2), Article 170, Article 1982(1) and Article 309(2) of the Criminal Code of the Republic of Lithuania or where there is a risk that a victim, a witness or other parties to proceedings or close persons thereof may be exposed to violence, coercion or other unlawful acts.
2. A ruling of a pre-trial investigation judge or a decision of a prosecutor to wiretap personal conversations transmitted by electronic communications networks, to make recordings thereof, to control, record and accumulate other information transmitted by electronic communications networks must indicate the following:


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1) the available data on the person against whom the actions must be performed;
2) the data justifying the necessity to perform the actions provided for in paragraph 1 of this Article;
3) the specific actions, as provided for in paragraph 1 of this Article, which are permitted to be performed;
4) the duration of the actions.
3. The procedure laid down in paragraph 1 of this Article may apply to control and recording of the information transmitted by electronic communications networks, with the exception of the content thereof, where there is a ground for believing that in this manner, data could be obtained on minor crimes provided for in Articles 166 and 1981 and Article 309(1) of the Criminal Code of the Republic of Lithuania.
4. The duration of wiretapping of personal conversations transmitted by electronic communications networks, making recordings thereof or control, recording and accumulation of other information transmitted by electronic communications networks may not exceed six months. When investigating a complex or large-volume criminal act, the application of this measure may be extended once for a period of three months.
5. The economic entities providing electronic communications networks and/or services must enable wiretapping of personal conversations transmitted by electronic communications networks, making recordings thereof or control, recording and accumulation of other information transmitted by electronic communications networks. The employees of an economic entity providing electronic communications networks and/or services who fail to comply with this obligation or interfere with the performance of actions referred to in this Article may be subject to a fine in compliance with Article 163 of this Code.
6. Conversations of victims, witnesses or other parties to proceedings transmitted by electronic communications networks may be wiretapped, recordings may be made thereof, other information transmitted by these persons by electronic communications networks may be controlled, recorded and accumulated at the request of these persons or with their consent also in the absence of a ruling of a pre-trial investigation judge issued thereon if no access is provided to services and facilities of the economic entities providing electronic communications


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judge issued thereon if no access is provided to services and facilities of the economic entities providing electronic communications networks and/or services.
7. It shall be prohibited to wiretap the conversations of a defence counsel with a suspect or an accused person transmitted by electronic communications networks, to make recordings thereof, to control, record and accumulate other information transmitted between them by electronic communications networks.
8. As regards the fact of control of the content of conversations transmitted by electronic communications networks or other information transmitted by electronic communications networks, a record drawn up by a pre-trial investigation officer shall contain solely the data and audio content relevant to an investigation. The data and audio recordings not relevant to the investigation and not kept in a medium together with the data and recordings relevant to the case shall not be attached to the case file and shall be destroyed without delay by a decision of a prosecutor upon drawing up a relevant report.

Article 155. Prosecutor’s right to access information


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1. A prosecutor who has adopted a decision and has obtained the consent of a pre-trial investigation judge shall have the right to visit any state or municipal, public or private agency, undertaking or organisation and to request to be provided with access to the required documents or other required information, to make recordings or to copy documents and information or to obtain the information in writing, if it is necessary for the investigation of a criminal act.
2. Persons who refuse to provide the required information or documents to a prosecutor may, pursuant to Article 163 of this Code, be subject to a fine.
3. A prosecutor may use the information obtained in accordance with the procedure laid down in paragraph 1 of this Article only for the investigation of a criminal act. The prosecutor must, without delay, destroy the information that is not necessary for the investigation of the criminal act.
4. A pre-trial investigation officer may, on a prosecutor’s assignment, also access information in accordance with the procedure laid down in this Article.
5. Laws of the Republic of Lithuania may stipulate restrictions regarding a prosecutor’s right of access to information.

Article 156. Photographing, filming, measuring, taking of palm prints and a sample for genetic dactyloscopy
1. A suspect by a decision of a pre-trial investigation officer or a prosecutor and an accused person by a ruling of a court may be photographed, filmed, measured and have their palm prints and samples taken for genetic dactyloscopy, even if he objects thereto.
2. In the event of necessity related to an investigation, the actions referred to in paragraph 1 of this Article may be performed also in respect of other persons. If such persons do not agree to undergo such actions, such actions may be enforced, but only if there is a prosecutor’s decision.

Article 157. Temporary suspension from duties or temporary suspension of the right to engage in certain activities


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1. During the investigation of a criminal act, a pre-trial investigation judge shall, upon receipt of a request from a prosecutor, have the right to temporarily suspend a suspect from duties or to temporarily suspend the right to engage in certain activities if this is necessary in order to investigate the criminal act more speedily and impartially or to prevent the suspect from committing new criminal acts. A ruling to temporarily suspend the suspect from duties shall be delivered to the employer of the suspect for execution.
2. The duration of temporary suspension from duties or temporary suspension of the right to engage in certain activities may not exceed six months. Where necessary, the application of this measure may be extended for a period of up to three months. The number of extensions shall not be limited.
3. A suspect or his defence counsel may appeal to a higher court against a ruling to temporarily suspend the suspect from duties or to temporarily suspend his right to engage in certain activities, also against a ruling to extend the term of application of this measure within seven days from the publication of the ruling. The ruling issued by this court shall be final and not subject to appeal.
4. Where a case is referred to court, the issue of temporary suspension from duties or temporary suspension of the right to engage in certain activities shall be decided by a court before which the case is pending.
5. A prosecutor during a pre-trial investigation, or a court upon referring a case to court, must lift temporary suspension from duties or temporary suspension of the right to engage in certain activities in the cases when this measure becomes unnecessary.
Note from the Register of Legal Acts. Acting pursuant to Article 26(3) of the Law of the Republic of Lithuania on the Constitutional Court, it is hereby announced that from the day of official publication of Ruling No KT7-N4/2016 of the Constitutional Court of 17 February 2016 on the Compliance of Article 157 (wording of 14 March 2002 as amended on 21 September 2010) of


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the Compliance of Article 157 (wording of 14 March 2002 as amended on 21 September 2010) of the Code of Criminal Procedure of the Republic of Lithuania with the Constitution of the Republic of Lithuania, the validity of Article 157 of the Code of Criminal Procedure of the Republic of Lithuania (wording of 14 March 2002 (Valstybės žinios (Official Gazette) No 37-1341, 2002) as amended on 21 September 2010 (Valstybės žinios (Official Gazette) No 113-5742), 2010)).

Article 158. Actions of pre-trial investigation officers withholding their identity


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1. When investigating crimes, pre-trial investigation officers may conduct an investigation without disclosing their identity. These officers may, in accordance with the procedure laid down by Article 159 of this Code, perform the actions imitating a criminal act. If the actions performed by the pre-trial investigation officers withholding their identity may compromise the inviolability of the home, the confidentiality of correspondence or other communication transmitted by non-electronic communications networks, such actions may be performed only when investigating grave, serious and less serious crimes.
2. The actions of pre-trial investigation officers withholding their identity shall be permitted by a ruling of a pre-trial investigation judge and only in the presence of sufficient evidence of a crime of the person under investigation. The pre-trial investigation judge shall issue a ruling on covert activities upon receipt of a prosecutor’s request whose content must conform to the content of a ruling referred to in paragraph 3 of this Article.
3. A ruling permitting pre-trial investigation officers withholding their identity to perform actions must indicate:


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1) the persons who are going to perform the covert actions;
2) the person against whom the actions must be performed;
3) data on the person’s criminal act;
4) the specific actions permitted to be performed;
5) the result aimed at;
6) the duration of the covert actions.
4. In conducting an investigation in accordance with the procedure laid down by this Article, it shall be prohibited to provoke a person into committing a criminal act.
5. While conducting an investigation in accordance with the procedure laid down in this Article, pre-trial investigation officers may not apply procedural coercive measures, unless a separate decision has been adopted, or a separate ruling has been issued, in accordance with the procedure laid down in Part III of this Code, with the exception of the urgent cases provided for by this Code.
6. In extraordinary cases, in the absence of other possibilities of identification of the persons committing crimes, an investigation may be conducted in accordance with the procedure laid down by this Article also by persons other than pre-trial investigation officers.
7. Where necessary, the persons who conducted an investigation in accordance with the procedure laid down in this Article may be questioned as witnesses. In the presence of the grounds provided for in Section Four of Chapter XIV of this Code, such persons may be granted anonymity. 
8. As regards the fact of the actions performed, a record drawn up by a pre-trial investigation officer shall contain only the data relevant to the investigation. The data not relevant to the investigation and not kept in a medium together with the data relevant to the case shall not be attached to the case file and shall be destroyed without delay by a decision of a prosecutor upon drawing up a relevant report.

Article 159. Permission to perform the actions imitating a criminal act


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1. A prosecutor who receives from a person the information that this person is offered to commit a crime or to participate in commission thereof may refer to a pre-trial investigation judge with a request to permit that person to perform the actions imitating a criminal act for the purpose of identifying the persons committing crimes. The content of the prosecutor’s request must be in conformity with the content of a ruling referred to in paragraph 2 of this Article.
2. When issuing a permission to perform the actions imitating a criminal act, a pre-trial investigation judge must issue a ruling. The ruling must indicate the following:
1) the person permitted to perform the actions imitating a criminal act;
2) the person against whom the actions must be performed;
3) data on the criminal act of the person against whom the actions must be performed;
4) the specific actions permitted to be performed;
5) the result aimed at;
6) the duration of the actions.
3. In the course of performance of the actions imitating a criminal act, it shall be prohibited to provoke persons into committing a criminal act.
4. A person who performed the actions imitating a criminal act in accordance with the procedure laid down in this Article shall be considered to be a person who has performed a task of a law enforcement institution in compliance with Article 32 of the Criminal Code of the Republic of Lithuania and may not be prosecuted for the performance of these actions.

Article 160. Covert surveillance
1. A pre-trial investigation judge may, upon receipt of a prosecutor’s request, order to conduct surveillance of a person or a vehicle or an item. A ruling of a pre-trial investigation judge, a decision of a pre-trial investigation officer or a prosecutor to conduct surveillance of a person or a vehicle or an item must indicate:


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1) the person or the vehicle or the item subject to surveillance;
2) the data substantiating the necessity of application of this measure;
3) the duration of covert surveillance.
2. Where a video or audio recording or filming is to be made in the course of covert surveillance, such a possibility must also be provided for in the ruling of the pre-trial investigation judge, the decision of the pre-trial investigation officer or the prosecutor.
3. A record of covert surveillance and other documents in the file related to covert surveillance shall be drawn up in compliance with the rules specified in Article 201 of this Code. The record of covert surveillance shall contain only the data relevant to the investigation. The data not relevant to the investigation and not kept in a medium together with the data relevant to the case shall not be attached to the case file and shall be destroyed without delay by a decision of a prosecutor upon drawing up a relevant report.
4. An officer who conducted covert surveillance may be questioned as a witness. The questioning may be conducted in compliance with the rules specified in Articles 203 and 282 of this Code, while a presentation for identification and a confrontation – in compliance with the rules specified in Article 204 of this Code.
5. Subject to the written consent of an officer who conducted covert surveillance, a record of covert surveillance may be drawn up in accordance with the general rules for recording the course and results of the investigative actions specified in Article 179 of this Code, and the officer who conducted covert surveillance may be questioned as a witness in accordance with the general rules for questioning witnesses specified in Section Two and Section Three of Chapter XIV of this Code.

Article 1601 . Use of procedural coercive measures in urgent cases


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1. In urgent cases, the procedural coercive measures provided for in Articles 154, 155, 158 and 159 of this Code may also be applied by a decision of a prosecutor and the procedural coercive measures provided for in Articles 145, 147 and 160 of this Code also by a decision of the prosecutor or a pre-trial investigation officer, but in all these cases a ruling of a pre-trial investigation judge confirming the legitimacy of the application of a procedural measure must be obtained within three days from the adoption  of the decision. The ruling of the pre-trial investigation judge shall be appealed against in accordance with the procedure laid down in Part X of this Code. The filing of an appeal against the ruling of the pre-trial investigation judge refusing to confirm the legitimacy of the application of the procedural coercive measure shall suspend the enforcement of this ruling.
2. If a ruling of a pre-trial investigation judge is not issued within the time limit laid down in paragraph 1 of this Article, the actions initiated by a decision of a prosecutor or a pre-trial investigation officer shall be terminated without delay. 
3. If a ruling confirming the legitimacy of the application of a procedural coercive measure is not received, the objects, valuables and documents seized during a search or a seizure shall be returned to the persons from whom they were seized and the data received by means of other procedural coercive measures shall be destroyed. This shall be done after the expiry of a time limit specified in paragraph 1 of this Article or a time limit for appealing against a ruling of a pre-trial investigation judge or, when this ruling has been appealed against, upon taking a decision by a higher court. In these cases, the results of the application of procedural coercive measures may not be relied upon in further proceedings as the data evidencing the guilt of a suspect or an accused person.

Article 161. Notice to a person of measures applied against him


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1. A person against whom, without his knowledge, at least one of the measures provided for in this Chapter was applied must be notified thereof after the end of the application of such a measure. The person must be notified as soon as this becomes possible without prejudice to a positive outcome of the investigation.
2. In the event of termination of criminal proceedings, all the information collected about the private life of a person must be destroyed without delay upon drawing up a relevant note. A decision on the destruction of such information shall be taken by a prosecutor after the expiry of a time limit for appealing against a procedural decision to terminate a pre-trial investigation as provided for in Article 214 of this Code or after examining appeals of parties to the proceedings regarding the termination of the pre-trial investigation.
3. Certain information must also be destroyed in accordance with the procedure laid down in paragraph 2 of this Article if it is decided that such information or part thereof will not be used in criminal proceedings as having no relation thereto, even though the criminal proceedings are not terminated.

Article 162. Use of information in other criminal cases
The information collected about the private life of a person in one criminal case using the procedural coercive measures provided for by this Code may be used during a pre-trial investigation in another criminal case only by a decision of a senior prosecutor. If the criminal case is pending before a court, a decision on the use of the information in another criminal case shall be taken by a ruling of a pre-trial investigation judge or by the court.

Article 163. Coercive measures applicable against the persons failing to comply with lawful instructions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court


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1. A witness who, without compelling reasons, fails to appear for proceedings or any person who fails to comply with lawful instructions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court issued in accordance with this Code or other laws or who interferes with the investigation and hearing of a criminal case may be subject to a fine in the amount of up to 30 minimum standards of living (MSLs) or, in the cases provided for in this Code, arrest for a period of up to one month. The fine may be imposed by the prosecutor, the pre-trial investigation judge or the court, and arrest – only by the pre-trial investigation judge or the court. A suspect or an accused person may be subject to the fine specified in this Article only for failure to appear for proceedings without compelling reasons.
2. A prosecutor shall impose a fine by a decision of his own motion or under a motion filed by a pre-trial investigation officer. A pre-trial investigation judge or a court shall impose the fine or arrest of his/its own motion or at the request of the prosecutor.
3. A decision of a prosecutor to impose a fine may be appealed against in accordance with the procedure laid down in Article 63 of this Code within ten days from the receipt of a transcript thereof.
4. A ruling of a pre-trial investigation judge or a court hearing a case to impose a fine or arrest may be appealed against by a person subject to the fine or arrest within seven days from the receipt of a transcript of the ruling to the pre-trial investigation judge or to the court that issued the ruling requesting to revoke the imposed fine or arrest or to reduce the amount of the fine or the length of arrest. The appeal shall be heard at a court hearing if a notice thereof has been given to the person who filed the appeal. A ruling issued in respect of the appeal may be appealed against to a higher court in accordance with


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A ruling issued in respect of the appeal may be appealed against to a higher court in accordance with the procedure laid down in Part X of this Code.

PART IV
PRE-TRIAL INVESTIGATION

CHAPTER XIII
GENERAL PROVISIONS ON PRE-TRIAL INVESTIGATION

Article 164. Entities of a pre-trial investigation


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1. A pre-trial investigation shall be conducted by pre-trial investigation officers. The pre-trial investigation shall be organised and directed by a prosecutor. The prosecutor may decide to conduct himself the entire pre-trial investigation or a part thereof.
2. In the cases provided for in this Code, certain pre-trial investigation actions shall be performed by a pre-trial investigation judge.

Article 165. Pre-trial investigation bodies
1. The police shall be a pre-trial investigation body. Pre-trial investigation bodies shall also include the State Border Guard Service, the Special Investigation Service, the Military Police, the Financial Crime Investigation Service, the Customs of the Republic of Lithuania and the Fire and Rescue Department when investigating the criminal acts detected in the course of performance by these institutions of their direct functions provided for in the laws governing their activities.
2. A pre-trial investigation shall also be conducted by masters of seagoing vessels in respect of the criminal acts committed by the crew and passengers while on a voyage, by officers of the Prisons Department, directors of arrest houses, pre-trial detention facilities and correctional facilities or the officers authorised by them in respect of the criminal acts committed therein.

Article 166. Opening of a pre-trial investigation
1. A pre-trial investigation shall be opened:


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1. A pre-trial investigation shall be opened:
1) upon receipt of a complaint, a motion or a report of a criminal act;
2) where a prosecutor or a pre-trial investigation officer himself establishes the elements of a criminal act.
2. In the cases specified in this Code, a pre-trial investigation shall be opened only upon receipt of a victim’s complaint.
3. Each case of opening of a pre-trial investigation shall be registered in accordance with the procedure laid down by the Prosecutor General of the Republic of Lithuania.
4. A notice of the opening of a pre-trial investigation shall be sent to the person who filed a complaint, a motion or a report.

Article 167. Opening of a pre-trial investigation solely on the basis of a complaint of a victim or a motion of his legal representative or at a prosecutor’s request


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1. A pre-trial investigation of the criminal acts provided for in Article 139(1), Article 140(1), Articles 145, 148 and 1481, Article 149(1), Article 150(1), Article 151(1), Articles 152, 154, 165 and 168, Article 178(1) and (4), Article 179(1) and (3), Article 182(1) and (3), Article 183(1) and (3), Article 184(1) and (3), Article 186, Article 187(1) and (3), Article 188, Article 294(1) and Article 313 of the Criminal Code of the Republic of Lithuania shall be opened only upon receipt of a victim’s complaint or a motion of his legal representative. In these cases, proceedings shall be conducted in accordance with the general procedure.
2. If the criminal acts referred to in paragraph 1 of this Article are of public importance or incur damage to a person who, for compelling reasons, is unable to defend his legitimate interests, in the absence of a complaint of a victim or a motion of his legal representative, a pre-trial investigation of these acts must be opened at a prosecutor’s request.
3. If the criminal acts provided for in Article 140(1), Article 145, Article 148, Article 1481, Article 149(1), Article 150(1), Article 151(1) and Article 165 of the Criminal Code of the Republic of Lithuania contain elements of domestic violence, a pre-trial investigation shall be opened regardless of whether there is a complaint of a victim or a motion of his legal representative. In these cases, the pre-trial investigation shall be opened and proceedings shall be conducted in accordance with the general procedure.
4. If it is established in the course of a pre-trial investigation that a suspect’s act contains elements of a criminal act whose investigation is conducted solely upon receipt of a complaint of the injured party or a motion of


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criminal act whose investigation is conducted solely upon receipt of a complaint of the injured party or a motion of his legal representative, the pre-trial investigation of this act shall be conducted solely upon receipt of the relevant complaint, motion or request.

Article 168. Refusal to open a pre-trial investigation


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1. Upon receipt of a complaint, a motion or a report and, where necessary, also an adjustment thereof, a prosecutor or a pre-trial investigation officer shall refuse to open a pre-trial investigation only in the cases when the specified data on a criminal act are manifestly incorrect or the circumstances referred to in Article 3(1) of this Code have been established with sufficient clarity. For the purpose of adjusting the data of the complaint, the motion or the report, the actions not related to procedural coercive measures may be performed: an on-the-spot inspection of the site of the incident and questioning of incident witnesses may be conducted, also data or documents may be requested from state or municipal enterprises, agencies, organisations, the complainant or the person in the interest whereof the complaint, the motion or the report was filed, a questioning of the complainant or the person in the interest whereof the complaint, the motion or the report was filed may be conducted. Such procedural actions must be performed within the shortest possible time limits, but not later than within ten days.
2. When refusing to open a pre-trial investigation, a prosecutor or a pre-trial investigation officer shall draw up a reasoned decision. The pre-trial investigation officer may refuse to open the pre-trial investigation solely with the consent of the head of a pre-trial investigation body or a person authorised by him.
3. A transcript of a decision to refuse to open a pre-trial investigation shall be sent to the person who filed a complaint, a motion or a report. A pre-trial investigation officer must send the transcript of the decision to a prosecutor within 24 hours.
4. In the event of refusal to open a pre-trial investigation in the cases referred to in paragraph 1 of this Article, a person who filed a complaint, a motion or a report shall have the right to access all material or part thereof on the basis of which a pre-trial investigation officer or a prosecutor has


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all material or part thereof on the basis of which a pre-trial investigation officer or a prosecutor has adopted a decision to refuse to open the pre-trial investigation, also to make copies or extracts of this material when accessing it. A written request for accessing the material referred to in this paragraph and/or making copies or extracts of this material when accessing it shall be submitted to the head of a pre-trial investigation body/division thereof or, in the cases where the complaint, the motion or the report has been examined and a procedural decision thereon has been taken by a prosecutor, to the prosecutor. The head of the pre-trial investigation body/division thereof or the prosecutor must consider this request not later than within three days from the receipt thereof. The head of the pre-trial investigation body/division thereof or the prosecutor shall indicate the extent to which the material is to be accessed by the person who filed the complaint, the motion or the report. When accessing the material referred to in this paragraph, the prohibitions referred to in Article 181(6) of this Code shall also apply. 
5. A decision of a pre-trial investigation officer to refuse to open a pre-trial investigation may be appealed against to a prosecutor, and a prosecutor’s decision – to a pre-trial investigation judge. If the prosecutor does not revoke the decision to refuse to open the pre-trial investigation, his decision may be appealed against to the pre-trial investigation judge. A decision taken by the pre-trial investigation judge shall be appealed against in accordance with the procedure laid down in Part X of this Code. Appeals may be filed within seven days from the receipt of a transcript of a decision or a ruling. The persons authorised to file an appeal, if failing to keep to a time limit for filing an appeal for compelling reasons, shall have the right to request that the prosecutor or the pre-trial investigation judge authorised to hear the appeal to reopen the exceeded time limit. The request to


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pre-trial investigation judge authorised to hear the appeal to reopen the exceeded time limit. The request to reopen the mentioned time limit may not be submitted after the lapse of more than six months from the taking of the decision which has been appealed against.
6. In the event of refusal to open a pre-trial investigation in the cases specified in paragraph 1 of this Article and having at his disposal data on an administrative offence or an offence provided for by other legal acts, a prosecutor, a pre-trial investigation officer shall, under a decision to refuse to open the pre-trial investigation, refer a complaint, a motion or a report and an adjustment thereof for resolution in accordance with the procedure laid down by the Code of Administrative Offences of the Republic of Lithuania or other legal acts.
7. The Permanent Chamber of the European Public Prosecutor’s Office may, in accordance with the rules laid down in Regulation (EU) 2017/1939, instruct a European Delegated Prosecutor to open a pre-trial investigation where the European Delegated Prosecutor has taken a decision to refuse to open a pre-trial investigation or has validated a decision adopted by a pre-trial investigation officer to refuse to open a pre-trial investigation or dismissed an appeal of a person who filed a motion or a report regarding the opening of a pre-trial investigation. 

Article 169. Prosecutor’s actions in opening a pre-trial investigation


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1. Having received a complaint, a motion or a report of a committed criminal act or having establishing the elements of the criminal act himself, a prosecutor shall open a pre-trial investigation without delay.
2. Having opened a pre-trial investigation, a prosecutor shall perform all the required pre-trial investigation actions himself or shall assign this to a pre-trial investigation body.

Article 170. Prosecutor’s powers in conducting a pre-trial investigation
1. A prosecutor shall have the right to conduct himself the entire pre-trial investigation or individual pre-trial investigation actions.
2. When a pre-trial investigation or individual pre-trial investigation actions are conducted by pre-trial investigation officers, a prosecutor must control the conduct of the pre-trial investigation.
3. A prosecutor shall give mandatory instructions to pre-trial investigation officers, revoke their unlawful or unfounded decisions, assign to entities of criminal intelligence the use of the methods or means of collection of criminal intelligence information that do not restrict the individual’s rights provided for in Article 44(9) of this Code.
4. The following decisions shall be taken exclusively by a prosecutor:


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1) regarding joining and splitting of investigations;
2) regarding suspension of a pre-trial investigation;
3) regarding termination of a pre-trial investigation, except for the cases provided for in Article 214(1) of this Code;
4) regarding reopening of a terminated pre-trial investigation;
5) regarding conclusion of an investigation and drawing up of an indictment.
5. When taking the decisions referred to in points 1, 3, 4 and 5 of paragraph 4 of this Article, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and this Code. 
6. A senior prosecutor shall establish the infringements of procedural laws committed by prosecutors, revoke their unlawful or unfounded decisions and give mandatory instructions to the prosecutors, with the exception of an instruction regarding a procedural decision to be taken.
7. Only a prosecutor may refer to a pre-trial investigation judge for the performance of the actions falling within this judge’s remit. In the cases provided for in Articles 214 and 217 of this Code, decisions of a prosecutor regarding termination of a pre-trial investigation and reopening of a terminated pre-trial investigation must be validated by the pre-trial investigation judge.

Article 1701 . Prosecutor’s powers in ensuring property confiscation
During proceedings, a prosecutor must take measures to find the property having the characteristics referred to in Article 72 or 723 of the Criminal Code of the Republic of Lithuania and to ensure its possible confiscation.

Article 171. Actions of officers of pre-trial investigation bodies in opening a pre-trial investigation


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1. If a complaint, a motion or a report of a criminal act is received by a pre-trial investigation body or where the pre-trial investigation body itself establishes elements of the criminal act, an officer of the pre-trial investigation body shall open a pre-trial investigation without delay and also notify a prosecutor thereof.
2. Having received a report from an officer of a pre-trial investigation body, a prosecutor shall decide who is to conduct an investigation. The prosecutor may decide:
1) to conduct on his own the entire pre-trial investigation or individual actions thereof;
2) to assign the performance of pre-trial investigation actions to the pre-trial investigation body, which shall report to the prosecutor about the opening of the pre-trial investigation;
3) to assign the performance of pre-trial investigation actions to another pre-trial investigation body.
3. A prosecutor shall have the right to form an investigation team from several officers of different pre-trial investigation bodies.

Article 172. Rights and duties of pre-trial investigation officers
1. A pre-trial investigation officer shall, in the course of a pre-trial investigation, have the right to perform all actions provided for in this Code, except for those which may be performed only by a prosecutor or a pre-trial investigation judge.
2. A pre-trial investigation officer must:


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1) perform the necessary procedural actions to ensure a speedy and comprehensive detection of criminal acts;
2) comply with all instructions of a prosecutor;
3) report to a prosecutor about the progress of a pre-trial investigation at the time set by the prosecutor.
3. The head of a pre-trial investigation body or a division thereof shall, within his remit, organise the activities of the pre-trial investigation body or the division thereof and control the procedural activities of pre-trial investigation officers in such a manner so as to complete an investigation and to detect a criminal act within the shortest possible time.

Article 173. Powers of a pre-trial investigation judge
1. A pre-trial investigation judge shall, in accordance with the procedure laid down in this Code:


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1) impose and authorise the application of procedural coercive measures;
2) take the oath of and question witnesses and victims;
3) question suspects;
4) take decisions on termination of a pre-trial investigation in the cases provided for in Article 214(1) of this Code;
5) validate decisions of a prosecutor to terminate a pre-trial investigation in the cases provided for in Article 214(2) of this Code;
6) validate decisions of a prosecutor to reopen a terminated pre-trial investigation in the cases provided for in this Code;
7) hear complaints of parties to proceedings regarding the actions of pre-trial investigation officers and a prosecutor;
8) perform other actions provided for in this Code.
2. A pre-trial investigation judge shall perform the actions provided for in points 1-5 of paragraph 1 of this Article upon receipt of a request from a prosecutor. The prosecutor shall submit this request of his own motion or if requested by a party to proceedings. The pre-trial investigation judge may not refuse to consider the prosecutor’s request. If the pre-trial investigation judge refuses to grant the prosecutor’s request, he shall issue a reasoned ruling thereon. The prosecutor may appeal against this ruling in accordance with the procedure provided for in Article 65 of this Code.
3. In addition, a pre-trial investigation judge shall perform procedural actions on the assignment of a court before which a criminal case is pending.
4. A pre-trial investigation judge shall not perform any actions of his own motion.

Article 174. Place of a pre-trial investigation


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1. A pre-trial investigation shall be conducted by a prosecutor of the locality wherein a criminal act was committed or by an officer of a pre-trial investigation body within the territory of activities whereof the criminal act was committed.
2. In order to ensure that a criminal act is investigated as speedily and comprehensively as possible, the investigation may be assigned to a prosecutor or a pre-trial investigation body of another locality.
3. A prosecutor or a pre-trial investigation body of another locality shall be assigned the investigation of a criminal act by a senior prosecutor.

Article 175. Separate assignments
1. If it is necessary to perform investigative actions in another locality, a prosecutor or an officer of a pre-trial investigation body may perform them himself or assign this task to the relevant prosecutor or pre-trial investigation body.
2. A prosecutor shall have the right to assign the performance of investigative actions to a prosecutor of another locality or to any pre-trial investigation body.
3. A pre-trial investigation body shall have the right to assign the performance of investigative actions only to the equivalent pre-trial investigation body of another locality. If the performance of individual actions is to be assigned to another pre-trial investigation body of another locality, the relevant request shall be submitted to a prosecutor.
4. The assignments given in this Article must be executed within the shortest possible time limits.

Article 176. Time limits of a pre-trial investigation
1. A pre-trial investigation must be conducted within the shortest possible time limits but no longer than:


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1) in respect of a misdemeanour – within three months;
2) in respect of minor, less serious and negligent crimes – within six months;
3) in respect of serious and grave crimes – within nine months.
2. Due to the complexity, large volume of a case or other relevant circumstances, the time limits provided for in paragraph 1 of this Article may be extended by a senior prosecutor’s validation at the request of a prosecutor in charge of the pre-trial investigation in question. The pre-trial investigation must be a priority in the cases wherein suspects are on remand, as well as in the cases wherein suspects or victims are minors.
3. If a pre-trial investigation lasts for an excessive period of time, a pre-trial investigation judge may, upon receipt of a complaint of a suspect or his defence counsel, take the decisions provided for in Article 215 of this Code.

Article 177. Prohibition of publication of pre-trial investigation data
1. Pre-trial investigation data may not be published. These data may be published prior to hearing of a case in court solely with the permission of a prosecutor and to the extent recognised as permissible. Publication of data on the suspects and victims who are minors shall be prohibited.
2. Where necessary, a prosecutor or a pre-trial investigation officer shall warn parties to proceedings or other persons being witnesses to ongoing pre-trial investigation actions of the prohibition to publish pre-trial investigation data without the prosecutor’s permission. In such cases, a person shall, against signature, be warned of liability pursuant to Article 247 of the Criminal Code of the Republic of Lithuania.

CHAPTER XIV
PRE-TRIAL INVESTIGATION ACTIONS

SECTION ONE
GENERAL PROVISIONS ON PRE-TRIAL INVESTIGATION ACTIONS

Article 178. Actions performed by prosecutors and pre-trial investigation officers


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1. A prosecutor and a pre-trial investigation officer may, in accordance with the procedure laid down in this Code, question a suspect, question witnesses, apply procedural coercive measures and perform other actions provided for in this Code.
2. A suspect, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives shall have the right to request a prosecutor in writing to perform the actions provided for in Article 97 and in Chapters XII and XIV of this Code. The prosecutor must examine such a request not later than within ten days from the receipt thereof or, when pre-trial investigation material is required for the examination of the request, within ten days from the receipt of such material. Having examined the request, the prosecutor shall take a decision:


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1) to perform the requested actions himself;
2) to place a pre-trial investigation body under the obligation to perform the requested actions;
3) to refuse to perform the requested actions.
3. When deciding to refuse to perform the requested actions, a prosecutor must draw up a decision. The person who submitted the request shall have the right to appeal against this decision to a pre-trial investigation judge within seven days from the receipt thereof. The pre-trial investigation judge must hear the appeal not later than within seven days from the receipt thereof. The judge’s decision shall be final. If the judge decides that the actions as requested by a suspect, his defence counsel or a victim must be performed, the prosecutor must, within the shortest possible time, perform them or place a pre-trial investigation body under the obligation to do so.
4. If a suspect, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives request to perform an action that may only be performed by a pre-trial investigation judge, the pre-trial investigation judge may, upon examining an appeal regarding a prosecutor’s refusal to refer to the judge regarding this action, assign to the prosecutor the organisation of the performance of such an action.
5. A suspect, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives shall have the right to participate in the investigative actions performed at their request, to pose questions during a questioning, to access records of the investigative actions performed at their request, to submit observations on the content of these records.

Article 179. Recording of the course and results of investigative actions


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1. When performing investigative actions, records shall be drawn up. In the course of the investigative actions, it shall be possible to take photographs, film, make audio and video recordings, prints and casts of traces, draw up plans and schemes and use other means of recording.
2. A record shall be drawn up by a person performing an investigative action or by a person assisting him in the course of the investigative action or immediately upon completion thereof. The record must indicate the place and time of the performance of the investigative action (date and hour); the person performing the investigative action and all persons participating in the performance of the action or present when performing it; testimony of the persons questioned or a description and results of other investigative actions; motions filed by the persons participating in the performance of the investigative action or present when performing it. If technical means were used when performing the investigative action, the record must indicate the conditions of and procedure for using them. The data of the persons participating in the performance of the investigative action (except for a person’s forename, surname and year of birth) shall be stored separately from other pre-trial investigation material.
3. The record shall be signed by the person who performed the investigative action, the person who drew up the record and all other persons participating in the performance of the investigative action. Where the record is drawn up in electronic format, the person who performed the investigative action and the person who drew up the record shall sign it using an advanced electronic signature. All other persons participating in the performance of the investigative action may either sign the record using an advanced electronic signature or sign a special annex to the record in written format. The fact that a person participating in the performance of the investigative action refuses to sign the investigative action record or is unable to sign it by reason of physical impairments or for other reasons shall be noted in the record and the person who performed the investigative action shall confirm this fact by affixing his signature. Where the


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the person who performed the investigative action shall confirm this fact by affixing his signature. Where the investigative action is performed using audiovisual transmission equipment, the record shall be signed only by the person who performed the action and the person who drew up the record.
4. Any amendments, corrections and supplements to the record must be discussed.
5. Photographs, negatives, digital media, audio and video recordings and other output of the use of technical means in performing investigative actions shall constitute annexes to an investigative action record.

Article 180. Participation of a professional in the performance of investigative actions


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1. Professionals may be involved to participate when performing investigative actions.
2. If a professional who is not an officer of a pre-trial investigation body is engaged to participate in performing an investigative action, prior to the commencement of the performance of the investigative action his identity and competence shall be ascertained, his relationship with a suspect and a victim shall be determined, and the presence of grounds for challenge of the professional shall be verified. Prior to commencing his duties, such a professional shall sign a written pledge to perform the tasks assigned to him in good faith; he shall also be warned of liability pursuant to Article 235 of the Criminal Code of the Republic of Lithuania for the provision of a false conclusion or clarification.

Article 181. Right of parties to proceedings to access data of a pre-trial investigation


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1. A suspect and his defence counsel, a victim and his representative shall, during a pre-trial investigation, have the right to access at any time the data of the pre-trial investigation, with the exception of personal data of parties to the proceedings stored separately from other pre-trial investigation material, also make copies or extracts of the pre-trial investigation material when accessing it. A written request for accessing the pre-trial investigation material or making copies or extracts of the pre-trial investigation material when accessing it shall be submitted to a prosecutor. The prosecutor must examine the request not later than within seven days from the receipt thereof or, when the pre-trial investigation material is required for examination of the request, within seven days from the receipt of the material. The prosecutor shall have the right to deny access to all or part of the data of the pre-trial investigation, also not to permit to make copies or extracts of the pre-trial investigation material if such access, in the opinion of the prosecutor, could prejudice a positive outcome of the pre-trial investigation. In refusing access to all or part of the data of the pre-trial investigation, also not permitting to make copies or extracts of the pre-trial investigation material, the prosecutor must draw up a reasoned decision. This decision may be appealed against to a pre-trial investigation judge within seven days from the receipt of a transcript thereof. The pre-trial investigation judge must hear such an appeal within seven days from the receipt thereof and issue a ruling. The ruling issued by the pre-trial investigation judge shall not be subject to appeal.
2. A prosecutor shall not have the right to deny access to all data of a pre-trial investigation or not permit making copies or extracts of the pre-trial investigation material if the pre-trial investigation has been completed and an indictment is being drawn up. When accessing the pre-trial investigation material, parties to the proceedings shall have the right to make copies or extracts of the


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investigation material, parties to the proceedings shall have the right to make copies or extracts of the pre-trial investigation material in accordance with the procedure laid down in paragraphs 1 and 6 of this Article. The prosecutor shall neither have the right to prevent a suspect and his defence counsel from accessing at any point during the pre-trial investigation the material, as submitted by the prosecutor, which is or was submitted to a court when requesting to impose or extend a supervision measure the imposition whereof is decided by a pre-trial investigation judge or the court, or from making copies or extracts of a part of this material in accordance with the procedure laid down in paragraphs 1 and 6 of this Article. 
3. If a suspect is on remand, his right to access the data of a pre-trial investigation and the right to make copies or extracts of the pre-trial investigation material shall be granted to his defence counsel or, if the suspect waives defence counsel, to the suspect himself. 
4. If a suspect is outside the territory of the Republic of Lithuania, the right to access the data of a pre-trial investigation conducted in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage and the right to make copies or extracts of the pre-trial investigation material shall be granted to his defence counsel. 
5. The persons as referred to in Article 214(3) of this Code who have the right to file an appeal against a decision to terminate a pre-trial investigation shall have the right to access the whole or a part of the material of the terminated pre-trial investigation in accordance with the procedure laid down in paragraphs 1 and 6 of this Article.
6. When accessing the material of a pre-trial investigation, it shall be prohibited to make copies of the pre-trial investigation material in the cases when the data:


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1) are related to minor suspects and minor victims;
2) are related to the private life of parties to the proceedings;
3) are related to criminal acts against the freedom of an individual’s sexual self-determination and inviolability;
4) have been entered in records of procedural actions and annexes thereto (in photographs, negatives, audio and video recordings, digital media and by otherwise recording the results of the use of technical means), when the information has been obtained by applying the methods and means of collecting criminal intelligence information in accordance with the procedure laid down in the Law of the Republic of Lithuania on Criminal Intelligence or Articles 154, 155, 158, 159 and 160 of this Code;
5) constitute a state, official, professional or commercial secret. In this case, it shall also be prohibited to make extracts of the pre-trial investigation material.

SECTION TWO
QUESTIONING DURING A PRE-TRIAL INVESTIGATION

Article 182. Summoning to a questioning
1. A person shall be summoned to a questioning. A summons shall indicate the following: who and for what purpose is summoned to appear where and before whom, the date and time of the appearance, the consequences of failure to appear provided for in Article 163 of this Code.
2. The person may also be summoned to the questioning by phone or by other means. In these cases, the procedural coercive measures provided for in Article 163 of this Code may not be applied to failure to appear.

Article 183. Questioning of a witness


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1. Before commencing a questioning of a witness, a prosecutor or a pre-trial investigation officer shall ascertain the identity of the witness, determine the necessary data about the witness’s personality and his relationship with a suspect and instruct him as to the rights and duties of a witness provided for in Articles 81 and 83 of this Code. Before commencing the first questioning, the witness shall be warned of liability pursuant to Article 235 of the Criminal Code of the Republic of Lithuania for giving false testimony, which he shall confirm by affixing his signature in a record. Before commencing other questioning, the witness shall be reminded that he has been warned of liability for giving false testimony, which shall be noted in the record.
2. A questioning shall commence with a proposal for a witness to tell everything he knows about the circumstances that are relevant to the resolution of the case. Subsequently, the witness may be posed questions. It shall be prohibited to pose suggestive questions.
3. A record of a witness’ questioning shall be drawn up in compliance with the requirements provided for in Article 179 of this Code. The testimony given by the witness shall be written down in the first person and, to the fullest extent possible, word for word. If necessary, the record shall include the questions posed to the witness and his answers thereto. The personal data of the witness (except for the person’s forename, surname and year of birth) shall be stored separately from other pre-trial investigation material.
4. A witness who, in accordance with the procedure laid down by law, is subject to measures of protection from criminal influence, also a witness who, for other reasons, is unable to appear for a questioning may be questioned by audiovisual transmission.

Article 184. Questioning of a witness conducted by a pre-trial investigation judge


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1. A prosecutor shall refer to a pre-trial investigation judge for conducting a questioning of a witness where he believes that:


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1) it will not be possible to question the witness in the course of hearing of the case in court;
2) the witness may change his testimony in the course of hearing of the case in court or exercise his right to refuse to give testimony;
3) the witness will give more detailed testimony to the pre-trial investigation judge.
2. Prior to commencing a questioning of a witness, a pre-trial investigation judge must take his oath. The oath shall not be taken from the person being questioned in the cases provided for in Article 278 of this Code.
3. A prosecutor must attend a questioning of a witness conducted by a pre-trial investigation judge. During the questioning, the prosecutor shall have the right to pose additional questions to the person being questioned. Upon completion of the questioning, the prosecutor shall have the right to access a record of the questioning and request it to be supplemented.
4. A prosecutor must notify a suspect and his defence counsel of the place and date of a questioning conducted by a pre-trial investigation judge in the cases provided for in paragraph 1 of this Article. If the suspect is outside the territory of the Republic of Lithuania, a notification of the place and date of a witness’ questioning conducted by the pre-trial investigation judge in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage shall be sent to the central liaison offices in foreign states as provided for in the international treaties of the Republic of Lithuania. A suspect on remand shall be delivered to the place of the questioning. The suspect and his defence counsel shall have the right to participate in such a questioning, pose questions to the person being questioned and, upon completion of the questioning, have access to a record of the questioning and submit observations thereon. 
5. Failure of a suspect who is not in custody or his defence counsel to appear for a questioning


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Failure of a suspect who is not in custody or his defence counsel to appear for a questioning of a witness shall not preclude the conduct of the questioning.

Article 185. Questioning of a victim


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1. A victim shall be summoned and questioned as a witness. Where it is necessary to ensure the victim’s special protection needs, one or more provisions of Article 186 of this Code may apply. 
2. Where a victim is questioned by a pre-trial investigation officer in cases concerning crimes and misdemeanours against an individual’s freedom of sexual self-determination and inviolability, cases of domestic violence, trafficking in human beings, profiting from another person’s prostitution and involvement in prostitution or cases related to discrimination or hatred based on sex, the victim may request that the questioning be conducted by a person of the same sex. The pre-trial investigation officer may take a decision refusing to grant this request if this would prejudice a positive outcome of the pre-trial investigation.

Article 186. Questioning of a minor witness and a minor victim


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1. A minor witness or a minor victim shall be questioned by a pre-trial investigation judge in accordance with the procedure laid down in Article 184(3), (4) and (5) of this Code, in the cases when this is requested in the interests of the child by his representative, a prosecutor or a defence counsel or in the cases provided for in Article 184(1) of this Code.
2. A minor witness or a minor victim shall, during a pre-trial investigation, be questioned in the premises adapted for questioning children and usually not more than once. In the cases when, during the pre-trial investigation, it is necessary to repeat the questioning of the minor witness or the minor victim, they shall usually be questioned by the same person. During their questioning, a video and audio recording must be made. The minor witness and the minor victim shall be summoned to a trial only in exceptional cases.
3. A questioning of a young witness or a young victim at all times, also a questioning of a minor witness or a minor victim with regard to crimes against human life, health, liberty, sexual self-determination and inviolability, the child and the family, with regard to profiting from the minor’s prostitution or involvement of the minor in prostitution or in other cases when requested by parties to proceedings or of own motion of a pre-trial investigation officer, a prosecutor or a pre-trial investigation judge, must be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, also by the representative of a state institution for the protection of the rights of the child, who shall observe from another room whether the rights of the minor witness or the minor victim are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. A representative of the minor witness or the minor victim shall have the


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and submit requests concerning the questioning. A representative of the minor witness or the minor victim shall have the right to participate in the questioning only upon considering whether he will have an impact on the minor.
4. A suspect and other parties to proceedings, with the exception of a psychologist and a representative of a minor witness or a minor victim, shall be prohibited from staying in the room where a questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the suspect and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through the pre-trial investigation judge. If it is not possible to create conditions for the suspect and other parties to the proceedings to view and listen to the questioning from another room, the questioning shall be conducted in the absence of the suspect and other parties to the proceedings. The audio and video recording made during such a questioning shall be shown immediately after the questioning to the suspect and other parties to the proceedings who have the right to pose questions to the person being questioned through the pre-trial investigation judge.

Article 1861 . Assessment of a victim’s special protection needs


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1. A pre-trial investigation officer or a prosecutor shall, not later than during the first questioning of a victim, perform an assessment of the victim’s special protection needs. If necessary, a psychologist or other persons possessing specialist knowledge or skills may be engaged for this purpose. The data collected during the assessment of the victim’s special protection needs shall be taken into account in organising criminal proceedings and, in the cases specified in this Code, in deciding whether the victim, due to his special protection needs, must be applied one or more of the guarantees specified in this Code. 
2. If necessary, an additional or repeated assessment of the victim’s special protection needs shall be organised or performed by a prosecutor: during a pre-trial investigation of his own motion or under an assignment of a pre-trial investigation judge or, in the course of court proceedings, under an assignment of a court. 
3. The data obtained in assessing a victim’s special protection needs shall be stored separately from the case file. A suspect, an accused person, a convicted person and his defence counsel shall not be allowed to access these data.
4. The procedure for assessing the special protection needs of victims shall be specified by the Prosecutor General of the Republic of Lithuania.

Article 187. Notice of suspicion


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1. Before the first questioning, a notice of suspicion or a prosecutor’s decision to recognise as a suspect must be served on a suspect against his signature. If a person suspected of having committed a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or a crime causing substantial damage is outside the territory of the Republic of Lithuania and, in the cases provided for in international treaties of the Republic of Lithuania, may not be extradited or surrendered to the Republic of Lithuania, he shall be recognised as a suspect at the request of a prosecutor by a ruling of a pre-trial investigation judge. This ruling shall be sent to the central liaison offices in foreign states provided for in the international treaties of the Republic of Lithuania. The notice of suspicion, the prosecutor’s decision or the ruling of the pre-trial investigation judge recognising as a suspect must indicate the criminal act (the place and time of commission thereof, other circumstances) and the criminal law that provides for the criminal act, as well as the rights of the suspect. 
2. Before other questioning, a new notice of suspicion must only be served if the content of the notice changes.
3. No longer effective from 26 October 2017.

Article 188. Questioning of a suspect during a pre-trial investigation


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1. During a pre-trial investigation and before the drawing up of an indictment, a suspect must be questioned.
2. A suspect shall always be questioned before the imposition a supervision measure thereon.
3. Prior to commencing a questioning of a suspect, a pre-trial investigation officer, a prosecutor or, in the cases specified by this Code, a pre-trial investigation judge shall instruct the suspect as to his right to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him. At the beginning of the questioning, the suspect shall be asked if he confesses to committing the criminal act which he is suspected of having committed. He shall then be proposed to give testimony of the substance of the suspicion. Subsequently, questions may be posed to the suspect. 
4. A suspect’s questioning record shall be drawn up in accordance with the requirements set out in Article 179 of this Code. The testimony given by the suspect shall be written down in the questioning record in the first person and, to the fullest extent possible, word for word. If necessary, the questions posed to the suspect and his answers shall be noted. If during the questioning the suspect exercised his right to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him, this shall be noted in the suspect’s questioning record. 
5. At the request of parties to proceedings or by a pre-trial investigation officer, a prosecutor or a pre-trial investigation judge of his own motion, a minor suspect’s questioning shall be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, and/or the representative of a state institution for the protection of the rights of the child, who shall observe whether the rights of the minor suspect are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person


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representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. An audio and video recording of the questioning may be made of the own motion of a pre-trial investigation officer or a prosecutor or at the request of the minor suspect or his defence counsel or legal representative. When questioning a minor suspect who is on remand or detained, an audio and video recording shall be made in all cases.
6. It shall be possible not to question a suspect during a pre-trial investigation in respect of a crime for which liability is provided in international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage only if he is outside the territory of the Republic of Lithuania and may not be extradited or surrendered to the Republic of Lithuania in the cases provided for in the international treaties of the Republic of Lithuania. 
7. A suspect who is unable to appear for a questioning or is held in an arrest house, a pre-trial detention facility or a correctional facility may be questioned by audiovisual transmission.

Article 189. Questioning of a suspect conducted by a pre-trial investigation judge


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1. Upon receipt of a request from a prosecutor, which the prosecutor may submit on behalf of a suspect, his defence counsel or of his own motion, the suspect may be questioned by a pre-trial judge during a pre-trial investigation.
2. At the request of a suspect, a prosecutor must, within the shortest possible time period after the submission of such a request, deliver the suspect on remand before a pre-trial investigation judge and participate in his questioning.
3. A suspect shall, of a prosecutor’s motion, be questioned by a pre-trial investigation judge in the cases when it is believed that, in the course of hearing of a case in court, an accused person may change his testimony or exercise the right to refuse to give testimony.
4. The provisions of Article 188(3) and (4) of this Code shall apply during a questioning of a suspect being conducted of a prosecutor’s own motion. 
5. If a questioning is conducted at the request of a suspect, his defence counsel must attend the questioning. The questioning of the suspect shall commence with a proposal for the suspect to tell about the circumstances in respect whereof he wished to be questioned by a judge. Subsequently, the defence counsel and a prosecutor may pose questions to the suspect.
6. A suspect who is unable to appear for a questioning conducted by a pre-trial investigation judge or is held in an arrest house, a pre-trial detention facility or a correctional facility may be questioned by audiovisual transmission.

Article 1891. Procedure for a minor’s individual assessment


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1. Upon completion of the first questioning of a minor suspect, a pre-trial investigation officer or a prosecutor conducting a pre-trial investigation shall refer without delay to a state institution for the protection of the rights of the child for individual assessment of the minor suspect in accordance with the procedure and in the format specified by the Minister of Social Security and Labour of the Republic of Lithuania. The state institution for the protection of the rights of the child shall have the right to obtain from a municipal pedagogical and psychological service data on the special educational needs of the minor, assessment of his personality and maturity.  The municipal pedagogical and psychological service must submit these data not later than within ten working days from the receipt of the referral. Where the minor is on remand, a referral regarding his individual assessment shall be submitted to the place of custody where the minor is held. The minor’s individual assessment must be carried out and a summary must be submitted in the prescribed written format to the pre-trial investigation officer or the prosecutor not later than within 25 working days from the receipt of the referral. 
2. The data of a minor’s individual assessment shall be taken into account when selecting for a minor supervision and other procedural coercive measures, taking decisions on termination of a pre-trial investigation or referral of a case to court, organising procedural actions involving a minor suspect or a minor accused person, taking decisions on the imposition of a penalty, criminal or reformative sanctions on the minor. 
3. In the event of a material change in the circumstances which formed the content of the individual assessment of a minor, a pre-trial investigation officer, a prosecutor or a court shall, of own motion or at the request of a minor suspect or his defence counsel or a minor accused person or his defence counsel, apply for additional or repeated individual assessment of the minor. 
4. In cases which are investigated under the accelerated procedure or in which a court penal order is


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In cases which are investigated under the accelerated procedure or in which a court penal order is issued, as well as in cases concerning minor or negligent crimes or misdemeanours, individual assessment of a minor may be omitted unless this is contrary to the interests of the minor.

Article 190. Confrontation


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1. The two previously questioned persons whose testimonies substantially contradict each other may be brought to confront each other in order to find out the causes of the contradiction and to eliminate them.
2. When questioning the persons brought to confront each other, general rules for questioning a witness and a suspect as provided for in this Code must be observed. The confrontation involving a suspect must, in the event that he so requests, be attended by his defence counsel. 
3. When commencing a questioning of the persons brought to confront each other, they shall be asked whether they are acquainted and what relation they have to each other. Subsequently, these persons shall be offered to give, by taking turns, testimony of the circumstances for the establishment whereof the confrontation is being carried out. After each of the questioned persons gives his testimony, questions may be posed to them. If the questioned person changes his previous testimony in the course of the confrontation, he must be asked about reasons for the change of testimony.
4. The persons brought to confront each other may pose questions to each other. Questions may also be posed to the persons brought to confront each other by other persons attending the confrontation.
5. Publication of the testimony given by participants of a confrontation and contained in records of previous questioning, as well as listening to and viewing of audio and video recordings of such questioning shall be permitted only after the participants of the confrontation give their testimony in the course of the confrontation and it is entered in a record.

SECTION THREE
ACTIONS OF TESTIMONY VERIFICATION

Article 191. Presentation for identification


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1. In order to verify the testimony given by a questioned person regarding a particular person, object or any other item, a presentation for identification may be conducted.
2. The identifying person must first be questioned about the circumstances under which he saw or otherwise took note of the person, object or any other item to be identified as well as about the marks and specific features according to which he may identify that person, object or any other item.

Article 192. Procedure for presenting a person for identification


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1. A person to be identified shall be presented to the identifying person together with other persons of the same sex who as closely as possible resemble the person to be identified. A record of presentation for identification shall indicate the surname, forename, year of birth, height, body composition, place of residence and clothing of all persons presented for identification.
2. There must be at least three persons presented for identification. This rule shall not extend to cases of identification of a corpse.
3. A person’s presentation for identification which involves a suspect must, in the event that he so requests, be attended by his defence counsel. 
4. When commencing a presentation for identification, a person to be identified shall be offered to take any place among the persons presented for identification. This shall be noted in a record.
5. A group of the persons presented for identification shall be photographed or otherwise visually recorded.
6. If a person cannot be presented for identification, the identification may be conducted by presenting his photograph. It shall be presented together with at least three photographs of other persons. The person’s presentation for identification may be conducted by presenting photographs also in the cases where it is necessary to ensure the security of a witness or a victim.
7. A person’s presentation for identification may also be conducted by presenting a video recording made in accordance with the rules set out in paragraphs 1 and 2 of this Article.
8. It may also be offered, in accordance with the procedure laid down in this Article, to identify a person according to other characteristics perceived by sensory organs.

Article 193. Procedure for presenting objects and other items for identification


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1. Objects and other items shall be presented for identification among other objects or other items of the same type. There must be at least three objects or other items presented for identification. This rule shall not extend to cases of identification of unique objects and items.
2. The characteristics of the objects and items that are presented for identification shall be described in a record of presentation for identification. A group of the objects or items presented for identification shall be photographed or otherwise visually recorded.
3. Objects and other items may be presented for identification also according to other characteristics perceived by sensory organs.

Article 194. Presentation for identification based on collections and card indexes
1. In order to identify an unidentified suspect, object or any other item, a witness or a victim may be presented the card indexes of photographs of persons or video recordings, collections of objects or other items collected by a pre-trial investigation body.
2. At the beginning of a presentation for identification based on collections and card indexes, the identifying person must first be questioned about the circumstances under which he saw or otherwise took note of the person, the object or any other item to be identified, as well as about the marks and specific features by which he is able to identify that person, object or any other item.
3. The course of a presentation for identification based on collections and card indexes must be photographed or otherwise visually recorded.
4. If the identifying person identifies one of the persons, objects or other items recorded in a card index, he shall be requested to explain according to what marks or specific features he has identified that person, object or any other item.

Article 195. Questioning in the course of a presentation for identification


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1. When questioning in the course of a presentation for identification, the general rules for questioning a witness and a suspect as provided for in this Code must be observed.
2. After presenting to the identifying person a selected group of persons, objects or other items, he shall be requested to indicate a person, an object or any other item about whom/which he gave his testimony.
3. If the identifying person indicates one of the persons, objects or other items presented to him, he shall be requested to explain according to what marks or specific features he has identified that person, object or any other item.
4. If the identifying person states that the group presented for identification does not include the person, the object or any other item about whom/which he gave his testimony, he shall be proposed to explain the difference between the person, the object or any other item mentioned in his testimony and those presented for identification.

Article 196. On-the-spot testimony verification


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1. In order to verify or adjust the testimony of a witness, a victim or a suspect regarding the place and situation of an incident, actions of participants in the incident or other circumstances relevant to the investigation of a criminal act, it shall be possible to come with a person whose testimony is being verified or adjusted to the place indicated by that person and to compare the testimony against the circumstances established on the spot. 
2. A person whose testimony is being verified or adjusted shall independently show the place about which he gave his testimony and explain his previous testimony by clearly linking it to the circumstances established on the spot and answering the questions posed to him. During an on-the-spot testimony verification, general rules for questioning a witness and a suspect as provided for in this Code must be observed. The on-the-spot testimony verification which involves the suspect must, in the event that the suspect so requests, be attended by his defence counsel. 
3. According to the testimony of a person being questioned, the situation of an incident may be reconstructed and this person may demonstrate the actions mentioned in the testimony.
4. If any items that may be relevant to the investigation of a criminal act are found during an on-the-spot testimony verification, they must be seized, and this fact shall be noted in a record of one-the-spot testimony verification.

Article 197. Experiment


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1. In order to verify the testimony or versions of witnesses, victims and suspects, the situation of the incident under investigation, the environment, actions of persons or other circumstances may be reconstructed and the necessary tests may be carried out.
2. An experiment involving a suspect must, in the event that he so requests, be attended by his defence counsel. 

SECTION FOUR
SPECIFIC FEATURES OF PROCEDURAL ACTIONS INVOLVING A VICTIM OR WITNESS WHERETO ANONYMITY IS APPLIED

Article 198. Right of a victim or a witness to request anonymity
1. A victim or a witness may, in accordance with the procedure laid down by this Code, request a prosecutor or a pre-trial investigation officer to apply anonymity to him.
2. A prosecutor or a pre-trial investigation officer shall, where there is a ground for doing so, apply anonymity to a victim or a witness, also take the measures as stipulated by this Code to ensure the confidentiality of data on the identity of the victim or the witness whereto anonymity is applied.
3. A prosecutor or a pre-trial investigation officer who is in possession of information about the presence of the grounds for applying anonymity as provided for in Article 199 of the Code may apply anonymity of his own motion.

Article 199. Grounds for applying anonymity to a victim and a witness
1. Anonymity may be applied to a victim and a witness where:


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1. Anonymity may be applied to a victim and a witness where:
1) there is an identified danger to the life, health, liberty or property of the victim, the witness or their family members or close persons, also service, business or other legitimate interests;
2) the testimony of the victim or the witness is material in criminal proceedings;
3) the victim or the witness participates in proceedings related to a grave, serious or less serious crime.
2. Anonymity shall apply to a victim or a witness if there are all grounds listed in this Article.

Article 1991. Partial anonymity


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1. When there are grounds provided for in Article 199 of this Code, also in other cases where there is evidence that the disclosure of certain data on a witness or a victim may have negative consequences for the rights and legitimate interests of the witness or the victim, their family members or close relatives and the confidentiality of a part of the data on the witness or the victim is sufficient to ensure the protection of these rights and interests, partial anonymity may be applied.
2. In the presence of the circumstances referred to in paragraph 1 of this Article, a prosecutor or a pre-trial investigation officer shall determine the extent of classification of the data by a decision to apply partial anonymity. Classification may be applied to the forename and surname of the witness or the victim, their date of birth, personal number, address of the place of residence, profession, place of work or study, kinship, also other data on the witness or the victim (except for data on the relationship of the witness or the victim with the suspect) whose classification is based on the circumstances referred to in paragraph 1 of this Article. 
3. A victim and a witness whereto partial anonymity is applied by classifying their forename and surname shall, in documents of investigative actions and in other documents in the file, be referred to by number. 
4. In cases of the application of partial anonymity, investigative actions shall be performed and documents in the file shall be drawn up in accordance with the general procedure laid down by this Code, classified data shall be entered, stored and used in accordance with the procedure laid down in Article 201 of this Code, save for the exceptions specified in this Article.

Article 200. Procedure for applying anonymity to a victim or a witness
1. A victim or a witness may request anonymity before a questioning.
2. Having established that there is a ground for applying anonymity, a prosecutor or a pre-trial investigation officer must still verify whether a victim and a witness:


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1) has physical or mental impairments which would preclude him from correctly understanding the matters relevant to the case and giving accurate testimony in relation thereto;
2) was previously convicted of giving false testimony;
3) may, for personal or mercenary reasons, give false testimony against a suspect.
3. If there are grounds for applying anonymity and there are no circumstances provided for in paragraph 2 of this Article, a prosecutor or a pre-trial investigation officer shall adopt a reasoned decision to apply anonymity. The decision of the pre-trial investigation officer must be validated by the prosecutor.
4. A decision to apply anonymity shall be kept separate from the case file and be stored in accordance with the procedure laid down in Article 201(2) of this Code.

Article 201. Specific features of the content of documents of investigative actions and other documents in the file where anonymity is applied to a victim and a witness


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1. A victim and a witness whereto anonymity is applied shall be referred to by number in documents of investigative actions and other documents in the file.
2. Actual data on the person’s identity shall be entered in a special annex to an investigative action record. This annex shall be kept in an envelope. A prosecutor or a pre-trial investigation officer shall seal and sign the envelope and store it separately from the criminal case file. The special annex to the investigative action record contained in the envelope may be accessed by the prosecutor or the pre-trial investigation officer or a pre-trial investigation judge. Upon accessing the document, these persons shall again seal and sign the envelope.
3. The envelope shall be stored with the prosecutor or the pre-trial investigation body investigating the case. At the request of a court, the envelope shall be handed over directly to a judge.
4. In cases of the application of anonymity, an investigative action record, a decision or any other document in the file shall be drawn up and signed by a prosecutor or a pre-trial investigation officer or a pre-trial investigation judge who performed the action or drew up the decision or another document in the file. After performing each investigative action or adopting the decision, an entry shall be made in the special annex to the record referred to in paragraph 2 of this Article indicating that the victim or the witness has accessed the investigative action record and the decision. He shall confirm this by affixing his signature.
5. Investigative actions records, decisions, rulings  and other documents in the file shall not contain any information which could lead to the identification of a victim or a witness who participated in an investigative action or was mentioned in another document and whereto anonymity is applied.

Article 202. Liability for disclosure of the anonymity of a victim or a witness
The data identifying a victim and a witness, documented and classified in accordance with the procedure laid down in Article 201 of this Code, shall comprise


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documented and classified in accordance with the procedure laid down in Article 201 of this Code, shall comprise a state secret. Only a prosecutor, a pre-trial investigation officer and a judge participating in proceedings shall be entitled to access the identification data. They shall be held liable for disclosure of the classified data pursuant to Article 125 of the Criminal Code of the Republic of Lithuania.

Article 203. Questioning of a victim or a witness whereto anonymity is applied, as conducted by a pre-trial investigation judge


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1. A pre-trial investigation judge shall question a victim or a witness whereto anonymity is applied in accordance with the rules laid down in Articles 183 and 184 of this Code, save for the exceptions stipulated in this Article.
2. A victim or a witness whereto anonymity is applied shall be questioned by creating acoustic and visual barriers to the identification of the person being questioned or in accordance with the procedure laid down in paragraph 3 of this Article.
3. A pre-trial investigation judge may consider that a questioning must be conducted in the absence of a defence counsel and a suspect at the place of the questioning. In such a case, the pre-trial investigation judge shall, after having questioned a person, provide the defence counsel and the suspect with access to the evidence received. Thereafter, the defence counsel and the suspect shall have the right to pose questions to a victim or a witness through the pre-trial investigation judge. If the anonymity of the person being questioned could be disclosed from the questions posed, the pre-trial investigation judge shall have the right not to pose questions or to reword them. Answers to the questions posed by the defence counsel and the suspect shall be entered in a questioning record. After the questioning, the defence counsel shall have the right to access the record.
4. A prosecutor may participate in a questioning of a victim or a witness whereto anonymity is applied.

Article 204. Specific features of a presentation for identification and a confrontation of a victim or a witness whereto anonymity is applied


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1. Where the identifying person is a person whereto anonymity is applied, a presentation for identification shall be conducted by creating acoustic and visual barriers hindering the identification of the identifying person.
2. If anonymity is applied to a person being confronted, a confrontation shall be conducted using the means provided for in paragraph 1 of this Article.

SECTION FIVE
EXAMINATION AND VISUAL INSPECTION OF ITEMS

Article 205. Procedure for examining items
1. In order to detect traces of a criminal act and other items relevant to an investigation, to determine the situation of an incident and other circumstances relevant to a case, the examination of the site of the incident, a human body, a corpse, a locality, premises, documents and other items shall be conducted.
2. Objects, documents and other items shall be examined at the place of their discovery. Objects, documents or other items which require considerable time to be examined or which require examination by technical means may be examined in a laboratory or any other facility where the necessary conditions are available.
3. The examination of items shall be carried out by professionals. A professional who is not an officer of a pre-trial investigation body shall be assigned the task of carrying out the examination of items in writing.

Article 206. Specific features of examination of certain items


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1. The examination of a human body and a corpse shall be performed by a forensic physician/forensic medical examiner or another medical practitioner.
2. The examination of a person’s mental state shall be performed by a forensic psychiatrist or a forensic psychologist.
3. An officially buried corpse may be dug up (exhumed) only if a pre-trial investigation judge issues such a ruling. The exhumed corpse must be identified by the persons who were acquainted with the person or his identity must be established otherwise. The family members or close relatives of the deceased person shall have the right to participate in the exhumation.
4. The examination of a person’s dwelling or official premises which are not the site of an incident may be carried out only with the consent of the owner of the dwelling or with the consent of a representative of an undertaking, agency, organisation or under a ruling of a pre-trial investigation judge. The owner of the dwelling or a full-age member of his family or a representative of the undertaking, agency or organisation shall have the right to participate in such an examination.

Article 207. Visual inspection


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1. The objects or other items which are relevant to the investigation of a criminal act and which do not need to be examined in accordance with the procedure provided for in Article 205 of this Code shall be visually inspected by a prosecutor, a pre-trial investigation officer or a professional.
2. A visual inspection record shall be drawn up. The visual inspection record shall detail the items being visually inspected and their attributes that are relevant to the establishment of the circumstances of a criminal act. The objects subject to visual inspection shall be photographed or filmed to the fullest extent possible.

SECTION SIX
EXPERT EXAMINATION

Article 208. Grounds for ordering an expert examination
An expert examination shall be ordered in cases when a pre-trial investigation judge or a court decides that a special examination requiring scientific, technical, artistic or other special knowledge is necessary in order to establish the circumstances of a criminal act.

Article 209. Procedure for ordering an expert examination


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1. A prosecutor shall, having acknowledged the necessity of conducting an expert examination, give a written notice thereof to a suspect, his defence counsel and other parties to the proceedings interested in the outcome of the expert examination and lay down a time limit within which such persons may submit requests regarding questions to an expert, the assignment of a specific expert and provide additional material for the expert examination. If the suspect is outside the territory of the Republic of Lithuania, the notice of the expert examination in respect of a crime for which liability is provided in international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage shall be sent to the central liaison offices in foreign states provided for in the international treaties of the Republic of Lithuania. The prosecutor shall subsequently refer to a pre-trial investigation judge with a motion for ordering an expert examination. The motion shall be accompanied by requests of the parties to the proceedings or shall indicate that no requests have been received. 
2. The pre-trial investigation judge shall, having decided that it is necessary to order an expert examination, issue a ruling ordering an expert examination or, having decided that it is not necessary to order the expert examination, a ruling refusing to order an expert examination.
3. The ruling ordering an expert examination shall indicate: the circumstances of a criminal act; the ground for ordering the expert examination; an expert examination facility or an expert assigned with the task of conducting the expert examination; the questions posed to the expert; the material provided to the expert.
4. The ruling ordering an expert examination shall be sent to an expert examination facility or served on an expert. Expert examinations shall be conducted at expert examination facilities in accordance with the procedure laid down in the regulations of these facilities.

Article 210. Assignment of the task of carrying out an expert examination to a person not included in the list of experts


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1. If a person not included in the list of experts is assigned with the task of conducting an expert examination, a pre-trial investigation judge shall call in the person proposed by a prosecutor, ascertain his identity, profession and competence, determine his relationship with a suspect and other parties to the proceedings, also verify whether there are grounds for challenging the expert.
2. The persons not included in the list of experts shall be called in as experts only on the basis of a voluntary agreement.
3. Before ordering the expert examination, the pre-trial investigation judge shall instruct the person not included in the list of experts as to the rights and duties of an expert, take his oath and warn him of liability for presenting a false conclusion pursuant to Article 235 of the Criminal Code of the Republic of Lithuania. The person assigned as an expert shall take an oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall be entitled to choose one of the following texts of the oath:
1) “I, (forename, surname), swear to conscientiously perform the duties of an expert. So help me God.’;
“I, (forename, surname), swear to conscientiously perform the duties of an expert”. 

Article 211. Access of parties to proceedings to an expert report


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1. An expert report shall be submitted to a prosecutor at whose request an expert examination was conducted.
2. Upon receipt of the expert report, the prosecutor shall inform a suspect, his defence counsel and other parties to the proceedings at whose request the expert examination was ordered or who submitted requests when ordering the expert examination and shall indicate where and when the expert report may be accessed. A record shall be drawn up regarding accessing the expert report.

CHAPTER XV
TERMINATION OF A PRE-TRIAL INVESTIGATION

Article 212. Cases of termination of a pre-trial investigation
A pre-trial investigation shall be terminated:


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1) when it transpires during the pre-trial investigation that there are circumstances provided for in Article 3 or 32 of this Code;
2) when during the pre-trial investigation sufficient data were not collected to prove the suspect’s guilt in respect of commission of a criminal act;
3) when pursuant to Article 36 of the Criminal Code of the Republic of Lithuania, it is recognised that a person or an act committed thereby lost his/its dangerousness due to a change of circumstances;
4) when pursuant to Article 37 of the Criminal Code of the Republic of Lithuania it is recognised that a criminal act is of minor relevance;
5) when a suspect reconciles with a victim in the cases provided for in Article 38 of the Criminal Code of the Republic of Lithuania;
6) when a suspect is transferred on bail into the responsibility of a person who is worthy of a court’s trust in the cases provided for in Article 40 of the Criminal Code of the Republic of Lithuania;
7) when a suspect assists, under the conditions referred to in Article 391 of the Criminal Code of the Republic of Lithuania, in detecting the criminal acts committed by an organised group or a criminal association;
71) when a suspect assists, under the conditions referred to in Article 392 of the Criminal Code of the Republic of Lithuania, in detecting an act committed by another person; 
8) in the presence of the conditions of and grounds for release from criminal liability provided for in Article 93, Article 114 (3), Article 147(3), Article 1471(3), Article 1472 (2), Article 157(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania; 
9) due to commission of separate acts, multiple criminal acts, under the conditions provided for to in Article 213 of this


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commission of separate acts, multiple criminal acts, under the conditions provided for to in Article 213 of this Code;


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10) in the case provided for in Article 215 of this Code due to an excessive length of the pre-trial investigation.

Article 213. Termination of a pre-trial investigation in cases of commission of multiple criminal acts
When a person is suspected of having committed multiple criminal acts, one or several of which is/are misdemeanours or minor crimes, while another or others is/are serious or grave crimes, a prosecutor may terminate a pre-trial investigation in respect of the misdemeanours and the minor crimes. The prosecutor may take this decision if it is believed that this will speed up proceedings in respect of serious or grave crimes. The pre-trial investigation of misdemeanours and minor crimes may not be terminated if these acts have caused damage and a civil claim has been filed for compensation for damage.

Article 214. Procedure for terminating a pre-trial investigation


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1. In the cases provided for in points 1 and 2 of Article 212 of this Code, a pre-trial investigation shall be terminated by a decision of a prosecutor or a ruling of a pre-trial investigation judge.
2. In the cases provided for in points 3-9 of Article 212 of this Code, a pre-trial investigation shall be terminated by a decision of a pre-trial investigation judge validating a prosecutor’s decision on termination of the pre-trial investigation.
3. Termination of a pre-trial investigation or a decision of a pre-trial investigation judge not to validate a prosecutor’s decision on termination of the investigation shall be notified to a suspect, his representative, a defence counsel, a victim, a civil claimant, a civil defendant and representatives thereof by serving on or sending to them transcripts of the decisions.
4. A decision provided for in paragraph 1 of this Article may be appealed against to a senior prosecutor, who must examine the appeal not later than within 20 days from the receipt thereof. If the senior prosecutor refuses to grant the appeal, this decision may be appealed against to a pre-trial investigation judge. The decision of the pre-trial investigation judge regarding the appeal, as well as the decision of the pre-trial investigation judge provided for in paragraph 2 of this Article may be appealed against in accordance with the procedure laid down in Part X of this Code.
5. Appeals against a prosecutor’s decision may be filed within 20 days from the receipt of a transcript of the decision or a ruling. The persons authorised to file an appeal, if failing to keep to the time limit for filing an appeal for compelling reasons, shall have the right to request that a senior prosecutor or a court authorised to hear the appeal reopen the exceeded time limit. The request to reopen the mentioned time limit may not be submitted after the lapse of more than six months after the receipt of the transcript of the decision or the


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submitted after the lapse of more than six months after the receipt of the transcript of the decision or the ruling.
6. If the material of a pre-trial investigation contains data on an administrative offence or an offence provided for in other legal acts, a prosecutor shall, by a decision terminating the pre-trial investigation, transmit this material for taking a decision thereon in accordance with the procedure laid down in the Code of Administrative Offences of the Republic of Lithuania or other legal acts.
Note from the Register of Legal Acts. The provisions of Article 214(6) shall also apply in cases when there is evidence of administrative offences provided for in the Code of Administrative Offences of the Republic of Lithuania, as approved by Law No X-4449 of 1984.
7. A person on the basis of whose complaint, motion or notification a pre-trial investigation has been opened shall be informed of a decision to dismiss the case.
8. When terminating a pre-trial investigation, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and the procedures laid of Articles 212, 213 and 214 of this Code. 

Article 215. Termination of a pre-trial investigation due to an excessive length of the pre-trial investigation


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1. If a pre-trial investigation is not completed within six months from the first questioning of a suspect, the suspect, his representative or defence counsel may file a complaint with a pre-trial investigation judge regarding the delay in the pre-trial investigation.
2. To hear the complaint, the pre-trial investigation judge shall hold a hearing to which the suspect or his counsel and a prosecutor shall be called in. 
3. Having heard the complaint, the pre-trial investigation judge shall issue one of the following rulings:
1) to dismiss the complaint;
2) to place the prosecutor under the obligation to complete the pre-trial investigation within the specified time limit;
3) to terminate the pre-trial investigation.
4. A ruling of the pre-trial investigation judge may be appealed against in accordance with the procedure laid down in Article 65 of this Code. If the complaint is dismissed, the parties to the proceedings referred to in paragraph 1 of this Article may refile a complaint not earlier than after the lapse of three months from the examination of the previous complaint.
5. A prosecutor must complete a pre-trial investigation and draw up an indictment or draw up a decision on the termination of the pre-trial investigation within a time limit specified by a pre-trial investigation judge. The prosecutor may refer to the pre-trial investigation judge requesting an extension of the time limit for completion of the pre-trial investigation. The issue of the extension of the time limit shall be considered at a hearing to which the parties to the proceedings referred to in paragraph 2 of this Article shall be called in.

Article 216. Content of a decision to terminate a pre-trial investigation


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1. A decision to terminate a pre-trial investigation shall set out the substance of the criminal act, the grounds and reasons for the termination of the investigation.
2. A decision must resolve the issue of the objects relevant to the investigation of a criminal act in accordance with the procedure laid down in Article 94 of this Code. In addition, the decision shall indicate the fact of lifting of a supervision measure, as well as measures to secure a civil claim, confiscation of property and extended confiscation of property.

Article 217. Procedure for reopening a terminated pre-trial investigation


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1. A prosecutor may, based on appeals of parties to proceedings or of his own motion, reopen a pre-trial investigation if there is a ground therefor. The pre-trial investigation shall be reopened by a decision of the prosecutor after revoking a decision to terminate the pre-trial investigation. 
2. The pre-trial investigation may be reopened in the event of transpiration of the material circumstances relevant to the just resolution of the case which were not established at the time of taking the decision to terminate the pre-trial investigation. 
3. A pre-trial investigation terminated in the cases provided for in points 3-9 of Article 212 of this Code shall be reopened where a pre-trial investigation judge validates a prosecutor’s decision to reopen the terminated pre-trial investigation. A ruling of the pre-trial investigation judge refusing to validate the prosecutor’s decision to reopen the terminated pre-trial investigation may be appealed against in accordance with the procedure laid down in Part X of this Code. 
4. If a suspect in respect of whose act a pre-trial investigation has been terminated in the case provided for in point 5 of Article 212 of this Code commits a new criminal act within one year from the termination of the pre-trial investigation, a prosecutor may under the conditions referred to in Article 38(3) of the Criminal Code of the Republic of Lithuania, and must under the conditions referred to in paragraph 4 of the same Article, adopt a decision to reopen the terminated pre-trial investigation.
5. If a suspect in respect of whose act a pre-trial investigation has been terminated in the case provided for in point 6 of Article 212 of this Code commits a new criminal act until the expiry of the period of surety or if a surety withdraws his suretyship, a prosecutor may under the conditions referred to in Article 40(6) and (7) of the Criminal Code of the Republic of Lithuania, and must


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40(6) and (7) of the Criminal Code of the Republic of Lithuania, and must under the conditions referred to in paragraph 8 of the same Article, adopt a decision to reopen the terminated pre-trial investigation.
6. If a suspect in respect of whose act a pre-trial investigation has been terminated in the case provided for in point 7 of Article 212 of this Code evades giving testimony in the course of further proceedings, a prosecutor may adopt a decision to reopen the terminated pre-trial investigation.
7. If a suspect in respect of whose criminal act a pre-trial investigation has been terminated in the case provided for in point 71 of Article 212 of this Code commits a new criminal act within one year from the termination of the pre-trial investigation, a prosecutor may under the conditions referred to in Article 392(3) of the Criminal Code of the Republic of Lithuania, and must under the conditions referred to in paragraph 4 of the same Article, adopt a decision to reopen the terminated pre-trial investigation. 
8. A suspect, his representative, a defence counsel, a victim, a civil claimant, a civil defendant and representatives thereof shall be notified of the reopening of a pre-trial investigation. These persons shall have the right to appeal against a decision on the reopening of the terminated pre-trial investigation. The refusal to reopen the terminated pre-trial investigation shall be notified to a party to the proceedings who filed the appeal, and he may appeal against such a decision. Appeals shall be filed and heard in accordance with the procedure laid down in Articles 63, 64 and 65 of this Code.
9. When reopening a pre-trial investigation, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and the provisions of this Article. 

CHAPTER XVI
CONCLUSION OF A PRE-TRIAL INVESTIGATION BY DRAWING UP AN


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XVI
CONCLUSION OF A PRE-TRIAL INVESTIGATION BY DRAWING UP AN INDICTMENT

Article 218. End of a pre-trial investigation


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1. A prosecutor shall, upon being satisfied that during a pre-trial investigation sufficient data were collected to prove a suspect’s guilt in respect of commission of a criminal act, announce to the suspect and inform his defence counsel, a victim, a civil claimant, a civil defendant and representatives thereof that the pre-trial investigation has been completed and they have the right to access pre-trial investigation material and to submit requests for supplementing the pre-trial investigation material. If there are many victims or civil claimants in the proceedings, they may be notified of the end of the pre-trial investigation on a special website and at the e-mail addresses indicated by the parties to the proceedings.
2. Where the conditions provided for in Article 273(1) of this Code are met, the suspect and his defence counsel shall also be informed that the suspect may, prior to drawing up of an indictment, state in writing that he agrees with the suspicion and consents to the summary examination of evidence as provided for in Article 273 of this Code to be conducted in the course of hearing of the case in court.
3. The parties to the proceedings as provided for in paragraph 1 of this Article shall, within the time limit set by the prosecutor, have the right to submit a request for accessing the pre-trial investigation material. In the presence of such a request, they shall be granted access to the pre-trial investigation material, except the personal data stored separately from other pre-trial investigation material. Access may be granted by serving a copy of the pre-trial investigation material. The copy of the pre-trial investigation material may, with the consent of a party to the proceedings, be served in an electronic medium. In the cases when the copy is not served, the prosecutor shall set a time limit within which the parties to the proceedings shall have the right to access the pre-trial investigation material and submit requests for supplementing the pre-trial investigation material.
4. When


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investigation material and submit requests for supplementing the pre-trial investigation material.
4. When the pre-trial investigation was conducted or most pre-trial investigation actions were performed by a pre-trial investigation officer, the prosecutor may, upon being satisfied that sufficient data were collected during the pre-trial investigation to prove the suspect’s guilt in respect of commission of the criminal act, assign to him the performance of the actions provided for in paragraphs 1 and 2 of this Article. 
5. Requests for supplementing the pre-trial investigation material shall be resolved by a reasoned decision of the prosecutor. If the prosecutor decides to perform additional procedural actions, the parties to the proceedings as provided for in paragraph 1 of this Article shall be granted access only to the material obtained after performing the additional procedural actions. The prosecutor’s decision rejecting a request for supplementing the pre-trial investigation material shall not be subject to appeal.
6. The pre-trial investigation officer shall submit a brief written report on the pre-trial investigation actions performed, unless the prosecutor indicates otherwise.
7. Having performed the actions provided for in this Article, the prosecutor shall draw up an indictment.
8. When drawing up the indictment, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and the provisions of Article 219 of this Code. 
9. If the suspect is outside the territory of the Republic of Lithuania, the prosecutor shall send a notification of the end of a pre-trial investigation conducted in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage to the central liaison offices in foreign states as provided for in the international treaties of the Republic of Lithuania. 

Article 219. Content of an indictment
An indictment shall indicate:


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1) the name of a court which has jurisdiction over a case;
2) the forename and surname of a suspect, his date of birth, personal number, marital status, profession, place of employment, data on previous convictions; at a prosecutor’s discretion, other data may also be indicated;
3) a description of a criminal act: the place, time, manner of the commission of the criminal act, consequences and other relevant circumstances of the committed criminal act; data on a victim (forename, surname and date of birth); the circumstances mitigating and aggravating the suspect’s liability;
4) the data on which the charge is based;
5) the article (the paragraph and point thereof) of the Criminal Code of the Republic of Lithuania which provides for liability for the committed act;
6) the forename and surname of the defence counsel of the suspect if the suspect had a defence counsel during a pre-trial investigation;
7) the suspect’s position if the suspect disagrees with the suspicion;
8) the opinion of the prosecutor on the possibility of conducting in court the summary examination of evidence as provided for in Article 273 of this Code.

Article 220. Transmission of an indictment to a court


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1. A prosecutor shall transmit an indictment together with the entire case file to a court which has jurisdiction over the case.
2. No longer effective from 31 December 2010.
3. Apart from the case file, the prosecutor shall submit to the court a list of addresses of the witnesses and experts who should be questioned at a trial and the personal data stored separately from other pre-trial investigation material.
4. Having drawn up the indictment, the prosecutor shall, prior to referring the case to court, serve a transcript of the indictment on an accused person against signature. The transcript of the indictment may, with the consent of the accused person, be sent to him by electronic means or may be served in an electronic medium.
5. If a suspect is on remand, the prosecutor must transmit the indictment together with the case file to the court not later than at least ten days before the expiry of the term of remand.
6. If the accused person is outside the territory of the Republic of Lithuania, the prosecutor shall send the transcript of the indictment in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage to the central liaison offices in foreign states as provided for in the international treaties of the Republic of Lithuania.


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PART V
PROCEEDINGS IN A COURT OF FIRST INSTANCE

CHAPTER XVII
COMPOSITION AND JURISDICTION OF A COURT

Article 221. Composition of a court
1. In district courts, criminal cases shall be heard by a  single judge, with the exception of cases when the chair of a district court or his deputy forms a judicial panel of three judges for the hearing of a case. In a district court composed of court chambers, a judicial panel shall be composed of the judges appointed to the same chamber of the court. 
2. In regional courts, criminal cases shall be heard by a court of the composition provided for in Article 225(2) of this Code.

Article 222. Substitute judge


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1. If the hearing of a criminal case takes a long time, a substitute judge may be appointed. A substitute judge shall be present in the courtroom from the commencement of the hearing of the case and, where the judge hearing the case is unable to participate in the proceedings, shall replace the judge. 
2. If a substitute judge joining a judicial panel of three judges in lieu of a judge who withdrew does not request to repeat actions of the court or does not himself decide to do so in the case heard by a single judge, the hearing of the case shall be continued.

Article 223. Inalterability of the composition of a court in the course of hearing of a criminal case
Each criminal case must be heard by a court of the same composition. If, for any reason, one of the judges is unable to continue participating in a hearing, he must be replaced by another judge and the hearing of the case must commence from anew, with the exception of the cases provided for in Article 222 of this Code.

Article 224. Criminal cases falling within the jurisdiction of a district court
A district court shall have jurisdiction over all criminal cases, with the exception of those which fall within the jurisdiction of a regional court.

Article 225. Criminal cases falling within the jurisdiction of a regional court


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1. A regional court shall have jurisdiction over the criminal cases in which persons are charged with serious and grave crimes, with the exception of the cases in which persons are charged with the crimes provided for in Article 135(1), Article 149(1), (2) and (3), Article 150(1), (2) and (3), Article 178(3), Article 180(2) and (3), Article 182(2) and Article 260(1) and (2) of the Criminal Code of the Republic of Lithuania, also jurisdiction over the cases in which accused persons were, at the time of commission of a criminal act, President of the Republic, Members of the Seimas or members of the Government, justices of the Constitutional Court, judges or prosecutors.
2. Criminal cases in which persons are charged with grave crimes punishable by a life custodial sentence as well as cases in which accused persons were, at the time of commission of a criminal act, President of the Republic, Members of the Seimas or members of the Government, justices of the Constitutional Court, judges or prosecutors shall be heard by a judicial panel of three judges of a regional court. Other criminal cases shall be heard by a single judge of a regional court, except for the cases when the chair of the regional court or the chair of the criminal division of the court forms a judicial panel of three judges for the hearing of the case.
3. A regional court shall have the right to admit for hearing every criminal case which falls within the jurisdiction of a district court of that region.
4. A regional court shall hear cases of the imposition of compulsory medical measures provided for in Chapter XXIX of this Code in accordance with the rules of jurisdiction laid down in paragraphs 1 and 2 of this Article.

Article 226. Territorial jurisdiction of criminal cases


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1. A criminal case shall fall within the jurisdiction of a court in the territory of activities whereof a criminal act was committed.
2. Where a criminal act was committed on board a sea-going vessel or aircraft of the Republic of Lithuania and the rule of paragraph 1 of this Article cannot be applied, the case shall fall within the jurisdiction of a court in the territory of activities whereof the port of registration of the vessel or the airport of registration of the aircraft is located.
3. Where the place of commission of a criminal act cannot be identified or a criminal act was committed abroad, the case shall fall within the jurisdiction of a court in the territory of activities whereof the accused person permanently resides or, where he has no permanent place of residence in the Republic of Lithuania, a court in the territory of activities whereof the pre-trial investigation of the case was completed.

Article 227. Determination of jurisdiction in cases of multiple criminal acts
1. If criminal acts were committed in the territories of activities of several courts, a criminal case shall be heard by a court in the territory of activities whereof the most criminal acts was committed, and where an equal number of criminal acts was committed in the territories of activities of several courts, the case shall be heard by a court in the territory of activities whereof the last criminal act was committed. Where a criminal act was committed abroad, a criminal case shall be heard by a court in the territory of activities whereof a pre-trial investigation was completed.
2. Where a case in which one or more persons are charged with several criminal acts falls within the jurisdiction of a regional court in respect of at least one criminal act or a suspect, the case shall be heard by the regional court.

Article 228. Referral of a criminal case according to jurisdiction


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1. Having established, prior to the hearing of a case at a trial, that the received criminal case does not fall within its jurisdiction, a court shall refer the case according to jurisdiction.
2. Having established at a trial that the case being heard falls within the jurisdiction of another court of the same level, a court shall hear it without referring it to another court.
3. A case whose hearing has been commenced at a trial by a regional court may not be referred to a district court. Having established at the trial that the case falls within the jurisdiction of the regional court, the district court shall in all cases refer it according to jurisdiction.

Article 229. Referral of a criminal case from a court having jurisdiction over it to another court or to another chamber of the court
1. In order to ensure the essential interests of national security, public policy or justice, a criminal case may be referred from a court having jurisdiction over it to another court or to another chamber of the court. On this ground, the case may be referred to another court or to another chamber of the court only until the hearing of the case is commenced at a trial.
2. The issue concerning the referral of a case from one court to another court or to another chamber of the court shall be resolved by:


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1) the chair of a regional court within the territory of activities whereof these courts are located or the chair of the criminal division of this regional court – where the case is referred from one district court to another district court;
2) the President of the Court of Appeal of Lithuania or the chair of the Criminal Division of the Court – where the case is referred from a district court of one region to a district court of another region or from one regional court to another regional court;
3) the chair of a district court – where the case is referred to another chamber of that court. 

Article 230. Settlement of court disputes over the jurisdiction of cases
Disputes between courts concerning the jurisdiction of cases shall be settled by the chair of a higher court or the chair of the criminal division of the court.

CHAPTER XVIII
PREPARATION OF A CASE FOR HEARING IN COURT

Article 231. Appointment of judges to hear a case


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1. The chair, the deputy chair of a court or the chair of the criminal division of the court shall, within two days from the receipt of a case by the court, appoint a judge who will prepare the case for hearing in court and, after referring it for hearing at a trial, will hear the case. Having accessed the case file, the appointed judge shall issue one of the rulings provided for in Article 232 of this Code, with the exception of the case provided for in Article 235(2) of this Code.
2. If a case must be heard at a trial by a judicial panel of three judges, other judges, including a substitute judge, may be appointed also after the expiry of the time limit provided for in paragraph 1 of this Article, but not later than seven days before the commencement of the trial.

Article 232. Rulings issued during the preparation of a case for hearing in court
During the preparation of a case for hearing in court, the following rulings shall be issued:
1) refer the case for hearing at a trial;
2) refer the case according to jurisdiction;
3) refer the case to a prosecutor;
4) split the case into several cases or several cases join into a single case;
5) to stay the hearing of the case;
6) to assign to a pre-trial investigation judge or to a prosecutor the performance of the procedural action provided for in Sections Two, Three, Four and Five of Chapter XIV of this Code or organisation of the performance of this procedural action;
7) to dismiss the case.

Article 233. Referral of a case for hearing at a trial


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1. Having accessed a case file and established that there are no obstacles to hearing the case in court, a judge shall refer the case for hearing at a trial.
2. When referring the case for hearing at the trial, the issue of splitting the case or joining cases may be resolved by the same ruling.
3. When referring the case for hearing at the trial, the judge shall, in his ruling, formulate a decision to refer the case for hearing at the trial, indicate the forename and surname of the accused person, an act with the commission whereof he is charged and a criminal law providing for that criminal act, decide what persons to be summoned to the trial as an accused person, his legal representative, a victim, a civil claimant, a civil defendant and their representatives, also as witnesses, experts and professionals. The ruling may also indicate the place and date of the hearing of the case or contain a decision to hear the case according to a schedule of trial agreed and fixed in advance. If the accused person, as provided for in Article 218(2) of this Code, has expressed his consent to summary examination of evidence, the judge may decide to summon to the trial only the accused person and his defence counsel and to notify other parties to the proceedings only of the date and place of the scheduled hearing and their right to participate in the hearing. This decision of the judge shall not preclude the court from subsequently deciding to conduct full examination of evidence.
4. In addition, the judge shall, by the same ruling, resolve the requests received, also decide on the appointment of a defence counsel, calling in of an interpreter, imposition, replacement or lifting of a supervision measure, with the exception of remand, and other procedural coercive measures on the accused person, hearing of the case in closed court.
5. The court shall decide on the imposition, extension, replacement or lifting of the supervision measure of remand in accordance with the provisions of Chapter XI of this


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replacement or lifting of the supervision measure of remand in accordance with the provisions of Chapter XI of this Code. A prosecutor and a defence counsel shall participate in the court hearing. The accused person, if held on remand, shall be delivered to the hearing. Participation in the court hearing of the accused person on remand may be ensured by audiovisual transmission. The court/judge shall, without delay, notify the accused person of imposition of remand in accordance with the procedure laid down in Article 128(1), (3) and (4) of this Code. 

Article 234. Referral of a case according to jurisdiction, splitting of a case, stay of the hearing of a case


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1. A case shall be referred according to jurisdiction in accordance with the rules laid down in Articles 224-229 of this Code.
2. A case shall be referred to a prosecutor where an indictment which is materially inconsistent with the requirements of Article 219 of this Code is drawn up during a pre-trial investigation or there are other material infringements of criminal procedure which preclude the hearing of the case.
3. A case may also be referred to a prosecutor at his request to supplement a pre-trial investigation. When referring the case to the prosecutor, a court shall lay down a specific time limit for remedying irregularities or supplementing the pre-trial investigation. Having remedied the irregularities or supplemented the pre-trial investigation, the prosecutor shall refer the case to the court in accordance with the procedure laid down in Articles 218 and 220 of this Code.
4. A case may be split into several cases where this speeds up the hearing of the cases thus split.
5. The hearing of a case shall be stayed where:
1) an accused person was injured or contracted a serious illness and, as a result, is unable to participate in a trial – until he recovers;
2) the whereabouts of an accused person are unknown – until they become known, except for the cases when the case is heard in accordance with the procedure laid down in Chapter XXXII of this Code;
3) a referral is made to the Constitutional Court in the cases provided for by law – until the receipt of a ruling of the Constitutional Court;
4) a referral is made, in the cases provided for by law, to the competent judicial institution of the European Union regarding the interpretation or validity of legal acts of the European Union – until the receipt of a preliminary ruling of that institution. 

Article 235. Dismissal of a case


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1. A case shall be dismissed in the presence of the circumstances provided for in Article 3(1) of this Code which preclude the proceedings or there are grounds for releasing a person from criminal liability as provided for in Articles 36-40 and 93 of the Criminal Code of the Republic of Lithuania. In the presence of the circumstance provided for in Article 3(1)(2) of this Code, a criminal case shall be dismissed only where an accused person does not request continuation of the criminal proceedings. Where the criminal case is dismissed, the application of procedural coercive measures shall also be discontinued, the accused person, if held on remand, shall be released without delay from a pre-trial detention facility, and the issue of material evidence shall also be resolved. 
2. Issues concerning the dismissal of a case shall be considered at a court hearing. This hearing shall be attended by a prosecutor, an accused person, a defence counsel, a victim and his representative. If the accused person has not chosen his defence counsel, the latter shall be appointed by a judge. If the case should be heard at a trial by a judicial panel of three judges, the issue of the dismissal of the case must be decided by that panel.
3. At the court hearing, the judge shall make a report on the issue under consideration. The prosecutor and the defence counsel shall speak next. Other persons attending the hearing shall also have the right to speak at the hearing. A ruling to dismiss the case shall be issued by the judge or the judicial panel in the deliberation room. During the hearing, the clerk of the court hearing shall draw up a record.

Article 236. Summons for trial


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1. Participants in the hearing in court, as well as witnesses, experts, professionals and interpreters shall be summoned for trial. The content of a summons for trial shall be specified in Article 182 of this Code.
2. If there many victims or civil claimants in the case, they may be notified of the date of the hearing of the case in court on a special website and at the e-mail addresses indicated by parties to the proceedings.
3. If it is envisaged that the hearing of a case in court will take a long time, a judge may issue an ordinance to summon the parties to proceedings referred to in paragraph 1 of this Article at a later time than the beginning of a hearing.

Article 237. Access to a criminal case


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1. A prosecutor, an accused person, a legal representative, a defence counsel as well as a victim, a  civil claimant, a civil defendant and their representatives shall, from the receipt of a case in court, have the right of access to the case file additionally received after the drawing up of an indictment and, within the time limit laid down by a judge, also to other case file and to make excerpts or copies thereof. 
2. If an accused person is on remand, his defence counsel shall access the case file referred to in paragraph 1 of this Article. The defence counsel shall have the right to make extracts or copies thereof. If the accused person waives defence counsel, the accused person himself shall have the right to access the case file, to make extracts or copies thereof. A court shall appoint a defence counsel for the accused person who has no defence counsel. Having accessed the said case file or made extracts or copies thereof, the defence counsel shall announce to the accused person about the case file and notify the court thereof.
3. Parties to proceedings shall have the right to access the case file, with the exception of personal data stored separately from other pre-trial investigation material, make extracts or copies thereof also after the expiry of the time limit provided for in paragraph 1 of this Article, provided that this does not preclude the hearing of the case in court.

Article 238. Hearing of requests


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1. A judge shall hear the requests received from parties to proceedings and other persons regarding permission to participate in the hearing of a case, a civil claim and measures of securing thereof, evocation of additional evidence and other requests when deciding the issue of referral of the case for hearing at a trial and shall hear the requests received at a later stage of the proceedings when they are received. If the requests are rejected, a reasoned ruling shall be issued to that effect. Transcripts of the ruling shall be sent without delay to a prosecutor and to a defence counsel.
2. Requests which have been rejected, left unheard on grounds of being insufficient in substance or having been received late may be resubmitted at a trial.
3. If a request to question a witness whereto anonymity is to be applied is granted when referring a case for hearing at a trial or in the course of preparation for hearing in court, anonymity shall be applied to this witness and he shall be questioned by a pre-trial investigation judge in compliance with the rules laid down in Articles 201-204 of this Code. The judge hearing the case shall decide on the summoning of such witnesses to the trial.
4. If a request to apply partial anonymity to a witness or a victim is received when referring a case for hearing at a trial or in the course of preparation for hearing in court, a court may, by a ruling, apply partial anonymity and determine the extent of classification of data. In this case, procedural actions provided for in this Code shall be performed and documents in the file shall be drawn up in accordance with the procedure laid down in Article 1991 of this Code.

Article 239. Actions of a pre-trial investigation judge
1. By a ruling of a judge preparing a case for hearing in court, a pre-trial investigation judge shall, after the case has been referred for hearing at a trial, perform the following actions:


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1) question a person who must give testimony in court, if there is evidence that he will not be able to participate in the trial on grounds of illness or for other compelling reasons;
2) question a minor witness or a minor victim or a victim with special protection needs, if it is not planned to summon them to the trial but it is necessary to additionally question them;
3) perform the procedural action provided for in Sections Two, Three, Four and Five of Chapter XIV of this Code or organise the performance of this procedural action, if it is impossible to perform such actions in court for any reason or this would significantly impede the hearing of the case.
2. The questioning referred to in paragraph 1 of this Article shall be conducted in accordance with the rules laid down in Articles 184 and 186 of this Code.

Article 240. Time limits for the referral of a case and commencement of the hearing of the case at a trial
1. A judge must decide on the referral of a case for hearing at a trial not later than within 15 days from the receipt of the case in court if an accused person is held on remand or within one month if the accused person is not in custody.
2. The hearing of the case at the trial must commence not later than within 20 days from the issue of the judge’s ruling to refer the case for hearing at the trial.
3. The hearing of complex or large-volume cases as well as cases heard according to a schedule of trial agreed and fixed in advance must commence not later than within three months from the issue of a court ruling to refer a case for hearing at a trial.

CHAPTER XIX
GENERAL PROVISIONS ON HEARING IN COURT

Article 241. Lead of hearing in court


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1. The hearing of a case in court shall be led by the presiding judge of a trial. He shall be appointed to cases heard before judicial panels by the chair of the court or the chair of the criminal division of the court. A single judge hearing a case shall have all the rights and duties of the presiding judge of a trial.
2. The presiding judge of a trial shall take all measures provided for by law in order to conduct a thorough and impartial examination of the circumstances of a case. He shall exclude from the hearing of the case anything which is not related to the case and which unreasonably impedes the hearing of the case.
3. If any of the persons participating in the hearing of the case objects to actions of the presiding judge of the trial, these objections shall be entered in a record of the trial. 

Article 242. Direct and oral hearing in court
1. When hearing a case, a court of first instance must directly examine the evidence of the case: question accused persons, question victims, witnesses, hear the conclusions and clarifications of experts and professionals summoned to a court hearing, visually inspect material evidence, read out loud records and other documents.
2. The persons questioned at a trial shall give their testimony and provide clarifications orally.
3. A procedure for examining evidence other than provided for in paragraphs 1 and 2 of this Article may be observed only in exceptional cases provided for by law.

Article 2421. Duty to hear a case within the shortest possible time


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1. A court must ensure that a criminal case is heard in court within the shortest possible time and must seek that the case is heard with as few adjournments as possible in a trial.
2. Where a court hearing a case fails, within the time limits laid down by law, to perform the procedural actions which must be performed under this Code, parties to proceedings shall have the right to refer to a higher court with a request to lay down a time limit for performing such procedural actions. The request shall be submitted through the court hearing the case, which must resolve the issue of admission of the request not later than on the next working day following the receipt of the request. If, within seven working days from the receipt of the request, the court in respect of whose failure to perform procedural actions the request has been submitted performs the relevant procedural actions, the request of the party to the proceedings shall be deemed to have been granted. Otherwise, the request shall be referred to a higher court within seven working days from the receipt thereof. 
3. The request referred to in paragraph 2 of this Article shall, as a rule, be considered in the higher court under the written procedure without notifying the parties to the proceedings of the date and place of the hearing and without calling them in to the hearing. The consideration of the request must be completed not later than within seven working days from the receipt thereof by the higher court. The chair of the higher court, the chair of the criminal division of the court or a judge appointed by them shall consider the request and issue a ruling thereon. This ruling shall not be subject to appeal.

Article 243. Adjournments of hearing in court


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1. Adjournment of a trial may not be announced until completion of the hearing of a case, except for adjournments to allow rest, repeat summoning of persons who did not appear for a hearing, evocation of new evidence or adjournment for other compelling reasons.
2. Adjournment of a trial may not last for longer than one month. Where, for reasons provided for in Article 37 of this Code, an accused person or any other person summoned to the trial is unable to appear at the trial at the fixed time, the adjournment of the trial may be extended by a ruling of a court, but not more than once. This ruling may also be issued without holding a court hearing. In such cases, the hearing of the case shall continue according to a schedule of trial agreed and fixed in advance or at another fixed time, but not later than one month after the issue of the court ruling referred to in this paragraph. 
3. In the cases when adjournment of a trial must be announced prior to completion of an expert examination, an examination by a professional, as ordered by a court, or execution of a request for legal aid submitted to a foreign state, also where the court assigns to a prosecutor or a pre-trial investigation judge the task of performance of the procedural actions provided for in this Code or where it is known in advance that the reasons for the announcement of the adjournment will not disappear within the time limit laid down in paragraph 2 of this Article, the adjournment of the trial may not last longer than one month after the performance of the actions provided for or the disappearance of the reasons for which the adjournment was announced.

Article 244. Stay of the hearing of a case


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1. Where a case cannot be heard at a trial because of the failure of any of the summoned persons to appear, the hearing of the case must be stayed, but no longer than for one month.
2. The hearing of a case shall also be stayed in the cases provided for in points 3 and 4 of Article 234(5) and Article 254(2) of this Code.
3. If the hearing of a case has been stayed, the hearing in court shall commence from anew.

Article 245. Persons participating in the hearing of a case in court
1. The hearing of a case in court shall be held in the presence of a prosecutor, a victim and his representative, an accused person, his legal representative and defence counsel, a civil claimant, a civil defendant and their representatives who have been summoned by the court.
2. Several prosecutors may participate in the hearing of the case in court, and one accused persons may be defended by several defence counsels.

Article 246. Participation of an accused person in the hearing of a case in court


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1. A case shall be heard at a hearing of a court of first instance in the presence of an accused person. The accused person shall be under the obligation to appear before the court. The hearing of the case in the absence of the accused person shall be permitted only if the accused person is outside the territory of the Republic of Lithuania and evades appearing before the court. Participation in a court hearing of an accused person who is unable to appear before the court in which the case is being heard or who is held in an arrest house, a pre-trial detention facility or a correctional facility may be ensured by audiovisual transmission.
2. Where the accused person does not participate in the court hearing in the case provided for in paragraph 1 of this Article, the hearing of the case shall be conducted in accordance with the general procedure, except for the cases specified in Chapter XXXII of this Code.

Article 247. Consequences of the failure to appear of an accused person
If an accused person fails to appear at a trial, adjournment of the trial shall be announced or the hearing of the case shall be stayed, with the exception of the case provided for in Article 246(1) of this Code. The court shall have the right to deliver the accused person who has failed to appear, as well as to impose on him a supervision measure or to replace it by a more severe measure.

Article 248. Procedure for an accused person’s participation in a trial


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1. When appearing at a trial, an accused person may not leave the courtroom, except during breaks.
2. Where there are several accused persons in a case, a court may temporarily permit one or more accused persons, their legal representatives and defence counsel not to participate in the examination of evidence which is not related to these accused persons. In addition, victims, their representatives, civil claimants and civil defendants, their representatives, experts and professionals may be permitted not to participate in the examination of evidence.
3. If an accused person who has already given his testimony leaves the courtroom without a permission of the presiding judge of a trial, a court shall have the right to complete the hearing of the case in his absence. However, the court may recognise that the accused person must continue to participate in the trial. In this case, adjournment of the trial shall be announced or the hearing of the case shall be stayed.
4. If an accused person leaves the courtroom without a compelling reason or fails to appear at a trial when called in at a later date, a court shall have the right to apply the measures provided for in Article 247 of this Code.

Article 249. Consequences of the failure to appear of the legal representative of an accused minor
Failure to appear of the legal representative of an accused minor shall not have suspensory effect on the hearing of a case unless a court recognises that his participation is necessary.

Article 250. Consequences of the failure to appear of a prosecutor or a defence counsel


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1. If a prosecutor or a defence counsel fails to appear and there is no possibility to replace them at a court hearing, adjournment of the trial shall be announced or the hearing of the case shall be stayed. Replacement of the defence counsel who has failed to appear at the trial shall be permitted in compliance with the requirements of Article 50 of this Code.
2. A prosecutor or a defence counsel who has newly joined the proceedings must be given time to prepare for participation in the hearing of the case in court.

Article 251. Consequences of the failure to appear of a victim or his representative
If a victim or his representative fails to appear, a court shall decide whether to hear the case, whether to adjourn the trial or to stay the hearing of the case, taking into account whether it is possible to thoroughly investigate all circumstances of the case without the presence of the victim or his representative and to defend the interests of the victim.

Article 252. Consequences of the failure to appear of a civil claimant, a civil defendant or their representative
1. If a civil claimant or his representative fails to appear, a court shall leave the civil claim unheard. In this case, a person who suffered damage as a result of a criminal act shall have the right to file a claim under civil procedure.
2. A court shall have the right to hear a civil claim in the absence of a civil claimant where it is considered that this is necessary or where there is a request of the civil claimant to hear the claim in the absence of the civil claimant.
3. Failure of a civil defendant or his representative to appear shall not have suspensory effect on the hearing of a civil claim.

Article 253. Court rulings


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1. A court shall resolve the issues arising during the hearing of a case in court by issuing rulings after hearing the opinions of the persons participating in the hearing of the case.
2. The court shall decide whether to draw up the rulings as separate documents and issue them in the deliberation room or to issue them in the courtroom and to enter them in the record of the trial.
3. Rulings issued during the hearing of a case in court must be pronounced loud.

Article 2531. Instruction to prepare a social investigation report 
1. Having regard to the request of a prosecutor, an accused person or his defence counsel, a judge may, of his own motion, assign to a probation service the task of preparation of a social investigation report. At the same time, a court shall lay down a time limit of at least 20 working days for the preparation of the social investigation report.
2. If an accused person disagrees or evades submitting the information necessary for the preparation of a social investigation report, a relevant entry shall be made in the social investigation report.

Article 254. Splitting of a case, joining and dismissal of cases or referral to a prosecutor


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1. A court may, in the course of hearing of a case before the court, split the case into several cases or join several cases into one in the case provided for in Article 234(4) of this Code.
2. When there are several accused persons in a case, the case may be split and its hearing may be stayed for some of the accused persons and continued for other accused persons. However, if separate hearing compromises the completeness of the hearing in court, the hearing of the entire case shall be stayed.
3. Where it is established during the hearing in court that an indictment is materially inconsistent with the requirements of Article 219 of this Code or there are other material infringements of criminal procedure which preclude the hearing of the case, the case shall be referred to a prosecutor. The case may also be referred to the prosecutor at his request, where it is necessary to supplement the pre-trial investigation. When referring the case to the prosecutor on grounds of commission of the infringements of criminal procedure or supplementation of the investigation, the court shall lay down a specific time limit for rectifying the infringements or supplementing the pre-trial investigation. The prosecutor must, within the time limit laid down by the court, rectify the infringements or supplement the pre-trial investigation and draw up an indictment or draw up a decision to terminate the pre-trial investigation. The prosecutor may, in accordance with the procedure laid down in Article 215(5) of this Code, submit to a pre-trial investigation judge a request for extension of the time limit laid down for completion of the pre-trial investigation.
4. In the course of hearing of a case in court and when the circumstances provided for in points 2-7 of Article 3(1) of this Code are identified, the case shall be dismissed by a court ruling. In the presence of the circumstance provided for in Article 3(1)(2) of this Code, the criminal case shall be dismissed by


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for in Article 3(1)(2) of this Code, the criminal case shall be dismissed by a court ruling only if an accused person does not request continuation of the criminal proceedings. 
5. In the course of hearing of a case in court and when the grounds for release from criminal liability as provided for in Articles 36-40, Article 93, Article 114(3), Article 147(3), Article 1471(3), Article 1472(2), Article 157(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania are identified, the case shall be dismissed by a judgment. 

Article 255. Limits of hearing in court


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1. A case shall be heard in court only in respect of those accused persons and criminal acts in respect whereof it has been referred for hearing at a trial.
2. An accused person may not be convicted of a criminal act which has been reclassified or of a criminal act the factual circumstances whereof differ substantially from those listed in an indictment, unless he has been given prior notice of such a possibility at a trial.

Article 256. Change of the material factual circumstances of an act alleged in an indictment and its classification in court


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1. A prosecutor and a victim shall, before completion of the examination of evidence in court, have the right to submit a written request to change the factual circumstances of an act alleged in an indictment to substantially different factual circumstances. The request must set out these substantially different factual circumstances. Upon receipt of such a request, also in the event that there are grounds for believing that the factual circumstances of the act alleged in the indictment may be changed to substantially different ones, the court shall, without delay, notify thereof participants in the hearing in court. Upon receipt of the request of the prosecutor or the victim to change the factual circumstances of the act alleged in the indictment to substantially different ones, transcripts of this request shall be served on the participants in the hearing in court. Upon completion of the hearing of the criminal case, the factual circumstances of the act alleged in the indictment may be retained in the judgment.
2. A prosecutor and a victim shall, before completion of the examination of evidence in court, have the right to submit a written request to change the classification of an act alleged in an indictment. Upon receipt of such a request, also in the event that there are grounds for believing that the classification of the act alleged in the indictment may be changed, the court shall, without delay, notify thereof participants in the hearing in court. Upon receipt of the request of the prosecutor or the victim to change the classification of the act alleged in the indictment, transcripts of this request shall be served on the accused person, his defence counsel and other participants in the hearing in court. Upon completion of the hearing of the criminal case, the accused person may be found guilty also on the basis of the classification of the act as set out in the indictment.
3. In the cases referred to in paragraphs 1 and 2 of this Article, the court shall notify the accused person and his defence counsel of the right to request adjournment in order to prepare for defence. Having granted such a request, the court shall fix


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request adjournment in order to prepare for defence. Having granted such a request, the court shall fix a specific period of adjournment.
4. Where an accused person is outside the territory of the Republic of Lithuania and in the cases referred to in paragraphs 1 and 2 of this Article, a court notification in cases in respect of crimes for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of crimes causing substantial damage shall be sent to the central liaison offices in a foreign state provided for in the international treaties of the Republic of Lithuania. 

Article 257. Sending of a court ruling or a judgment to a prosecutor’s office of the Republic of Lithuania


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1. If it transpires during the hearing in court that an accused person may have committed another criminal act which was not indicated in an indictment, also that the criminal act may have been committed by another person, the court shall notify a prosecutor thereof by a reasoned ruling.
2. Having established that material infringements of this Code were committed in the course of a pre-trial investigation, a court shall send a transcript of a judgment, a ruling or a separate ruling to the Prosecutor General’s Office of the Republic of Lithuania.

Article 258. Order of trial
1. When the court enters or leaves the courtroom, all persons present in the courtroom shall stand up.
2. Parties to proceedings shall address the court and give their testimony and provide clarifications while standing. If one of the parties to the proceedings is ill, the presiding judge of the trial may allow him to address the court, give testimony or provide clarifications while sitting.
3. The order of trial in the courtroom shall be ensured by the presiding judge of the trial.

Article 259. Measures applicable to persons who violate the order of trial


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1. An accused person who, disregarding a warning issued by the presiding judge of a trial, repeatedly violates the order of trial or shows contempt of court may, by a ruling of the court, be temporarily or permanently removed from the courtroom. Where the accused person is allowed to return to the courtroom during the examination of evidence, the presiding judge of the trial shall notify of the evidence examined during his absence and shall grant the right to provide clarifications thereon. A judgment shall be pronounced in the presence of the accused person or read out to him immediately after its pronouncement.
2. A prosecutor or a defence counsel who, after having been warned by the presiding judge of the trial, repeatedly violates the order of trial or shows contempt of court may, by a ruling of the court, be removed from participation in the hearing of the case in court. In this case, the hearing of the case shall be stayed or the trial shall be adjourned until the removed prosecutor or defence counsel is replaced.
3. Other participants in the hearing in court who, after having been warned by the presiding judge of the trial, repeatedly violate the order of trial or show contempt of court may be removed from the courtroom by a ruling of the court and persons other than participants in the hearing in court – by an ordinance of the presiding judge of the trial.
4. Participants in the hearing in court or persons not participating in the hearing of the case who fail to obey a court or to comply with a decision of the presiding judge of a trial to remove them from the hearing of the case or to remove them from the courtroom or who comply therewith but do so by making noise or showing other contempt of court may be punished without delay by a fine or arrest in accordance with Article 163 of this Code. Arrest may not be imposed on a prosecutor or a defence counsel.

Article 260. Procedure for using technical means at a trial


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1. In order to record a trial, a court may use any technical means.
2. Participants in the hearing in court may use audio recording devices which do not interfere with the conduct of the trial and use an audio recording made by using these devices solely for the purpose of exercising their procedural rights. The participants in the hearing in court must notify the presiding judge of the trial of the audio recording being made.
3. At a person’s request, the court shall, for the purpose of providing information to the public or for scientific or training purposes, permit the pronouncement of a court decision to be broadcast, filmed, photographed, to make an audio or video recording thereof, and to use other technical means in compliance with the requirements set out in this Article and other legal acts. The court shall not permit the use of technical means where this may interfere with the work of the court, show disrespect for the court or where it is necessary to protect the rights of other persons or other interests protected by law. The court’s permission shall not be required where an audio recording of the pronouncement of the court decision is made in accordance with paragraph 2 of this Article. The Judicial Council shall establish a procedure for and conditions of submission and hearing of requests of persons to permit the use of technical means during the pronouncement of a court decision, also a procedure for and conditions of the use of these technical means and a procedure for issuing court permissions to use results obtained from the use of technical means.
4. Results obtained from the use of technical means may be used only by a person indicated in a court permission for the purposes, in the ways and under the conditions specified in the court permission. A person, as indicated in the court permission, who wishes to permit the use of results obtained from the use of technical means by another person or to use them for the purposes, in the ways and under the conditions other than those indicated in the court permission must, in accordance with


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in the ways and under the conditions other than those indicated in the court permission must, in accordance with the procedure specified by the Judicial Council, obtain a new court permission. The results of the use of technical means may not be used in such a way as to violate the rights of other persons or other interests protected by law or to distort the content or substance of the court decision, nor may they be used for the purposes of political or other advertising, satire, entertainment or for any other purposes incompatible with respect for the court. The requirements set out in other laws for the provision of information to the public, protection of personal data, protection of the right to inviolability of private life and of a person’s honour and dignity shall also apply to results obtained from the use of technical means and their use.
5. In cases other than those specified in this Article, it shall be prohibited during a court hearing to film, photograph, make audio or video recordings, broadcast the hearing and use other technical means.
6. Persons who have violated the procedure laid down in this Article shall be warned or removed from the courtroom by the presiding judge of the trial, and the penalties provided for in Article 259(4) of this Code shall be imposed on the persons who have not complied with the decision of the presiding judge of the trial or who have complied therewith but have done so by making noise or showing other contempt of court. Persons who have violated the requirements applicable to the use of results obtained from the use of technical means at a court hearing shall be held liable under law. 

Article 261. Record of a trial


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1. A record of a trial must indicate: the place and date of the hearing (when it commenced and ended); the name and composition of the court, the clerk, the interpreter, participants in the hearing in court and other persons summoned by the court; the case being heard; the supervision measure imposed on the accused person; personal data of the accused person; actions of the court in the order in which they were performed; motions and requests of the participants in the hearing in court, witnesses, experts and other persons; rulings issued by the court in the courtroom; a reference to the issue of rulings in the deliberation room; the fact of instruction of the accused person and other participants in the hearing court as to their rights and duties; the content of the testimony of the accused person, victims and witnesses, the surname, forename and year of birth of these persons, as well as the content of conclusions of experts and professionals; results of visual inspections and other evidence-gathering and examination actions performed at the trial; the content of everything that the participants in the hearing in court have requested to be entered in the record; facts of violation of the order of trial in the courtroom and the violators, as well as ordinances of the presiding judge of the trial in accordance with Article 259(3) of this Code; a brief description of the content of the closing speeches of the participants in the hearing in court; a brief description of the content of the final plea of the accused person; a reference to the pronouncement of the judgment and instruction as to the procedure and time limit for appealing against the judgment.
2. At the request of the participants in the hearing in case, the persons’ testimony, clarifications or motions shall, either totally or in part, be entered in the record of the trial word for word by an ordinance of the presiding judge of the trial. In this case, the persons who gave testimony or provided clarifications, filed motions or submitted requests during


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In this case, the persons who gave testimony or provided clarifications, filed motions or submitted requests during the hearing of the case in court shall have the right to read in the record of the trial the entries concerning their testimony, clarifications, motions or requests, to request to supplement the record, to make amendments thereto and to confirm the authenticity of the entries in the record by affixing their signature thereto.
3. An audio recording shall be made at each trial. A note of making the audio recording of the trial shall be entered in the record of the trial. The audio recording of the trial shall be appended to the record of the trial and shall constitute an integral part of the record of the trial. The participants in the hearing in court shall have the right to access the audio recording of the trial and to make copies thereof.
4. A verbatim record of a trial may be made. In this case, a verbatim transcription shall be equivalent to a record of the trial.
5. A record of a trial or a part thereof recording the actions performed prior to adjourning the trial or staying the hearing of the case must be signed without delay and not later than within three days after the end of the trial, the announcement of the adjournment of the trial or the stay of the hearing of the case, while in large-volume cases the record must be drawn up not later than within seven days after the end of the trial or a part thereof.
6. The record shall be signed by the presiding judge of the trial and the clerk.
7. Within three or, in large-volume cases, within seven days after signing the record of the trial or a part thereof recording the actions performed prior to the adjournment of the trial or the stay of the hearing of the case, the participants in the hearing in court may access the complete record of the trial or the part thereof recording the actions performed prior to the adjournment of the trial or the


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the trial or the part thereof recording the actions performed prior to the adjournment of the trial or the stay of the hearing of the case and submit their observations, also point out the incorrectness or incompleteness of the record or the part thereof. The presiding judge of the trial shall examine the submitted observations and, if he agrees with them, shall confirm their correctness and append them to the record of the trial or the part thereof.
8. If the presiding judge of the trial does not agree with observations, they shall be presented for examination at a court hearing, while observations regarding the cases heard by a judicial panel of three judges – to the same judges who heard the case concerned. If the same composition of the court is not possible, two judges must be from among the persons who heard the case. The participants in the hearing in court who have submitted the observations shall be called in to this court hearing.
9. Having considered the observations, the court shall issue a reasoned ruling to confirm their correctness or to reject them. The observations concerning the record of the trial and the ruling of the court shall be appended to the record.

CHAPTER XX
PREPARATORY PART OF A TRIAL

Article 262. Commencement of a trial


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1. The presiding judge of a trial shall, at the time fixed for the hearing of a criminal case, commence the trial and announce what case will be heard.
2. Having been given the floor by the presiding judge of the trial, the clerk of the hearing shall inform the court of the fact of appearance of participants in the hearing in court, witnesses, experts, professionals and interpreters, as well as reasons for failure to appear of those who have not appeared.

Article 263. Instruction of an interpreter as to his duties 
1. The presiding judge of a trial shall instruct an interpreter as to the duty to translate the content of testimony, motions, documents read out in court as well as ordinances of the presiding judge and court decisions to the parties to the proceedings who do not speak the Lithuanian language. Moreover, the presiding judge of the trial shall warn the interpreter of liability for refusing to perform his duty without compelling reasons pursuant to Article 163 of this Code and of liability for a false translation or a translation known to be incorrect pursuant to Article 235 of the Criminal Code of the Republic of Lithuania.
2. An interpreter who has not previously taken an oath shall take the oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall have the right to choose one of the following texts of the oath:


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1) ‘I, (forename, surname), swear to conscientiously perform the duties of an interpreter. So help me God.’;
‘I, (name, surname), swear to conscientiously perform the duties of an interpreter’. 

Article 264. Removal of witnesses from the courtroom
Appearing witnesses shall be removed from the courtroom. The presiding judge of a trial shall take measures to prevent the witnesses questioned by the court from communicating on the premises of the court with the witnesses not yet questioned.

Article 265. Identification of an accused person
The presiding judge of a trial shall identify an accused person by asking his forename, surname, date of birth, place of birth, place of residence, occupation, education, family status, previous convictions, as well as other data characterising the accused person.

Article 266. Resolution of the issue of whether a case can be heard if one of the summoned persons fails to appear for a hearing


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1. Where an accused person, his legal representative, a prosecutor or a defence counsel, a victim, a civil claimant, a civil defendant or their representative fails to appear at a trial, a court shall, acting in compliance with the provisions of Articles 246-252 of this Code, decide whether to continue the hearing of the case or to stay the hearing thereof.
2. If a witness, an expert or a professional fails to appear at a trial, a court shall decide whether to hear the case or to stay the hearing thereof, taking into account whether all circumstances of the case may be thoroughly examined in the absence of these persons, or shall adjourn the trial for the purpose of calling in these persons.
3. In the event that the court issues a ruling to stay the hearing of the case or announces the adjournment of the trial, it may question the witnesses, experts, professionals, victims who have appeared and hear civil claimants, civil defendants or their representatives. At later stages, the witnesses, experts, professionals, civil claimants, civil defendants or their representatives who have already been questioned shall be summoned to the trial only in necessary cases.

Article 267. Announcement of the composition of a court
1. The presiding judge of a trial shall announce the surnames of judges hearing the case, prosecutors, the defence counsel, representatives, experts, professionals, interpreters and the clerk of the hearing and shall ask participants in the hearing in court whether they challenge these persons.
2. Challenge shall be effected in accordance with the rules laid down in Articles 58, 59 and 61 of this Code.

Article 268. Instruction as to rights and duties
The presiding judge of a trial shall instruct an accused person, his legal representative, a victim, a civil claimant, a civil defendant and their representatives as to their rights and duties as stipulated in this Code.

Article 269. Instruction of an expert and a professional as to their rights and duties


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1. The presiding judge of a trial shall instruct an expert and a professional as to their rights and duties, also warn them of liability for refusing to perform their duty without compelling reasons pursuant to Article 163 of this Code and of liability for providing a false conclusion and clarifications pursuant to Article 235 of the Criminal Code of the Republic of Lithuania.
2. An expert who has not previously taken an oath shall take the oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall have the right to choose one of the following texts of the oath:
1) ‘I, (forename, surname), swear to conscientiously perform the duties of an expert. So help me God.’;
‘I, (forename, surname), swear to conscientiously perform the duties of an expert’.
3. A professional shall take an oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall have the right to choose one of the following texts of the oath:
1) ‘I, (forename, surname), swear to conscientiously perform the duties of a professional. So help me God.’;
‘I, (name, surname), swear to conscientiously perform the duties of a professional’. 

Article 270. Submission and resolution of requests


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1. When concluding the preparatory part of a trial, the presiding judge of the trial shall ask participants in the hearing in court whether they intend to submit requests to summon new witnesses, experts or to evoke other evidence. When submitting a request, a participant in the hearing in court must indicate the circumstances which require new evidence.
2. A court shall issue a ruling regarding each request. Rejection of the request shall not deprive the person whose request has been rejected of the right to submit it at a later stage of the examination of evidence.
3. The court shall have the right to decide, of its own motion, to call in new witnesses, experts, professionals, also to evoke other evidence.

CHAPTER XXI
EXAMINATION OF EVIDENCE

Article 271. Commencement of the examination of evidence
1. Examination of evidence shall commence by reading of an indictment. A prosecutor shall read it aloud. If the indictment is large, the prosecutor may present its content in abridged form by indicating the substance of the charges.
2. The presiding judge of a trial shall subsequently ask an accused person if he understands the charges and, if necessary, shall instruct the accused person as to the substance of these charges and shall ask whether he pleads guilty. The accused person shall have the right to state reasons for his response.

Article 272. Questioning of an accused person


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1. After an accused person replies to the charges against him, the presiding judge of a trial shall instruct him as to the right to provide clarifications, to answer questions or to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him. Moreover, the presiding judge of the trial shall explain that at the trial, the accused person has the right to pose questions to the persons being questioned, to express his opinion regarding the requests submitted by other participants in the hearing in court and to provide clarifications regarding the evidence under examination. 
2. If several accused persons participate in the hearing of the case in court and they wish to give testimony, the order of giving testimony shall be established by the court after hearing the opinion of the accused persons and their defence counsel.
3. The questioning of the accused person shall commence with a proposal of the presiding judge of the trial to give testimony on the charges and the circumstances of the case known to the accused person.
4. At the request of the participants in the hearing in court or of the court’s own motion, the questioning of a minor accused person shall be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, and/or the representative of a state institution for the protection of the rights of the child, who shall observe whether the rights of the minor accused person are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning.

Article 273. Summary examination of evidence


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1. If, after the announcement of an indictment, an accused person who is not charged with a grave crime declares to a court that he pleads guilty and wishes to give his testimony without delay and agrees that other evidence would not be examined or if the accused person has already expressed such a wish in accordance with the procedure laid down in Article 218(2) of this Code, the examination of evidence may be discontinued after questioning the accused person and fulfilling the requirements of Article 291 of this Code, provided that the circumstances of commission of the criminal act are not contested and a prosecutor and a defence counsel agree to summary examination of evidence.
2. Where several accused persons are charged with one or several criminal acts, summary examination of evidence may be conducted only where the conditions provided for in paragraph 1 of this Article may be applied to all accused persons.

Article 274. Temporary removal of an accused person from the courtroom
If there are reasonable grounds for believing that the presence of an accused person will interfere with giving accurate testimony by another accused person, a victim or a witness, the accused person may be temporarily removed from the courtroom by a court ruling. In this case, when the accused person returns to the courtroom, the presiding judge of the trial shall inform to him of the content of the testimony given and shall enable him to pose questions to the persons questioned, as well as to provide his clarifications regarding the testimony.

Article 275. Posing of questions at a trial


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1. A prosecutor, a victim, a civil claimant, a civil defendant and their representatives, a defence counsel, a legal representative of an accused person and the accused person himself shall have the right to pose questions to the accused persons, victims, witnesses, experts and professionals being questioned in court. Subject to permission of the court, an expert and a professional may pose questions to the accused persons, the victims and the witnesses. It shall be prohibited to pose suggestive questions.
2. If a witness is summoned to a trial at the request of one of participants in the hearing in court, this participant shall pose questions to the witness first.
3. Judges shall have the right to pose questions to the persons being questioned at any stage of the examination of evidence.
4. The judges and, subject to permission of the presiding judge of the trial, the participants in the hearing in court shall pose questions directly to the persons being questioned. The presiding judge may deprive of this right the participants in the hearing in case who abuse the right and may allow to pose questions only via him.
5. Questions to minor victims and minor witnesses shall be posed only through the presiding judge of the trial or, where necessary, via their representative.
6. The presiding judge of the trial shall reject the questions which are not related to the case.

Article 276. Reading out of the testimony given earlier by an accused person, a victim and a witness
1. The testimony of an accused person, a victim and a witness given to a pre-trial investigation judge or earlier before a court may be read out loud at a trial, as well as audio and video recordings of such questioning may be listened to and viewed when the accused person, the victim or the witness:


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1) is deceased or absent from the trial for compelling reasons, or, in the absence of the accused person, in the cases provided for in Article 246 of this Code;
2) refuses or evades giving testimony, also when he declares that he does not remember the circumstances about which he gave testimony earlier;
3) gives at the trial the testimony which is substantially different from that given during the pre-trial investigation or before the court.
2. Moreover, the testimony of persons questioned after staying the hearing of a case in court or after adjourning the hearing thereof in accordance with the procedure laid down in Articles 243 and 244 of this Code, as well as the testimony given to a pre-trial investigation judge by a witness or a victim not summoned to a trial under a court ruling on the ground that anonymity was applied to him, or that he is a minor, or that this was necessary due to the victim’s special protection needs may be read out loud at the trial, or a video and audio recording made during such a questioning may be made public.
3. At the request of participants in the hearing in court, audio and video recordings may be listened to and viewed. Prior to listening to and viewing the audio and video recordings, the testimony of the accused person, the victim or the witness contained in the relevant record of the questioning conducted by the pre-trial investigation judge or of the trial may be read out loud.
4. The testimony given by an accused person, a victim and a witness to a pre-trial investigation officer or to a prosecutor may be read as well as audio and video recordings of such a questioning may be listened to and viewed in order to verify the evidence adduced in the case. The officer who conducted the questioning during the pre-trial investigation may be questioned as a witness in court.
5. Where a previous court judgment or ruling has been annulled or in other cases, when a case is on


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previous court judgment or ruling has been annulled or in other cases, when a case is on retrial, witnesses and victims questioned earlier at a court hearing shall not be called in for a repeat questioning, unless this is necessary in the interests of justice, and their testimony given earlier at the court hearing shall be made public and examined in accordance with the procedure laid down in Article 290 of this Code.

Article 277. Witness’s oath


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1. Before a witness gives his testimony, the presiding judge of a trial shall establish his identity, ascertain whether there are any circumstances precluding the taking of an oath, then instruct the witness as to civic duty and the duty to give a true account of everything known to him in the case and shall warn him of liability for refusal or evasion of giving testimony pursuant to Article 163 of this Code and of liability for false testimony pursuant to Article 235 of the Criminal Code of the Republic of Lithuania.
2. The witness shall take an oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall be have the right to choose one of the following texts of the oath:
1) “I, (forename, surname), being aware of the meaning of my words and liability for them, swear to tell the truth and to keep nothing secret. So help me God.’;
2) “I, (forename, surname), being aware of the meaning of my words and liability for them, swear to tell the truth and to keep nothing secret.“ 
3. If, after taking the oath, the witness is questioned for a second time in the same case, he shall no longer need to take the oath. The presiding judge of the trial shall remind him of the oath previously taken.

Article 278. Persons not taking oath
1. The following persons shall not take an oath in court:
1) persons under 16 years of age;
2) close relatives and family members of an accused person.
2. Where the persons referred to in point 2 of paragraph 1 of this Article agree to give testimony, they must be warned of liability for false testimony pursuant to Article 235 of the Criminal Code of the Republic of Lithuania and take the oath.

Article 279. Procedure for questioning a witness


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1. Witnesses shall be questioned one at a time; witnesses who have not yet been questioned shall not be present at that time.
2. The presiding judge of a trial shall ascertain the relationship of a witness with an accused person and a victim and shall propose that the witness tell the court all information known to him concerning the circumstances of the case, while avoiding to provide information the source whereof he is unable to indicate.
3. Thereafter, the witness shall be posed questions in accordance with the procedure laid down in Article 275 of this Code.
4. The witnesses who have already been questioned shall remain in the courtroom until completion of the examination of evidence. Having heard the opinions of participants in the hearing in court, the court may allow the witness who has already been questioned to leave the courtroom before completion of the examination of evidence.
5. At the request of the participants in the hearing in court or of the court’s own motion, a witness who has already been questioned may be questioned additionally.
6. A witness who, in accordance with the procedure laid down by law, is subject to measures of protection against criminal influence, also a witness who, for other reasons, is unable to appear at the trial may be questioned by audiovisual transmission.
7. A witness whereto partial anonymity is applied shall be questioned in accordance with the procedure laid down in this Article. The presiding judge of the trial shall take all measures provided by law to prevent disclosure of classified identity data when questioning the witness whereto partial anonymity is applied.

Article 280. Specific features of a questioning of a minor witness


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1. A questioning of a child witness, where it is necessary to conduct such in court in exceptional cases, must at all times, or a questioning of a minor witness with regard to crimes against human life, health, liberty, sexual self-determination and inviolability, the child and the family, with regard to profiting from the minor’s prostitution or involvement of the minor in prostitution or in other cases when requested by participants in the hearing in court or of the court’s own motion, be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, also by the representative of a state institution for the protection of the rights of the child, who shall observe from another room whether the rights of the minor witness are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. A representative of the minor witness shall have the right to participate in the questioning only upon considering whether he will have an impact on the minor. 
2. An accused person and other parties to the proceedings, with the exception of the psychologist and the representative of the minor witness, shall be prohibited from staying in the room where the questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the accused person and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through a judge or a court.

Article 281. Use of notes and documents by a witness


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1. When giving testimony, a witness may make use of notes in cases where the testimony relates to figures and other data which are difficult to remember. At the request of the presiding judge of a trial or participants in the hearing in court, the witness must enable them to access the notes.
2. The witness shall be allowed to read the documents in his possession relating to the testimony given. These documents shall be submitted to the court and to the participants in the hearing in court and may be appended to the case file by a court ruling.

Article 282. Specific features of a questioning of a witness whereto anonymity is applied


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1. A court shall assign to a prosecutor the task of organisation of the appearance before the court of a witness whereto anonymity is applied in such a manner as to ensure his anonymity.
2. The witness whereto anonymity is applied shall be questioned in closed court by creating acoustic and visual barriers which prevent other participants in the hearing in court from establishing the identity of the person being questioned.
3. Where it is impossible to create in the courtroom the acoustic and visual barriers provided for in paragraph 2 of this Article, the witness whereto anonymity is applied shall be questioned in a place other than the courtroom in the absence of other participants in the hearing in court. Before questioning such a person, other participants in the hearing in court shall submit in writing to the presiding judge of a trial the questions which they wish to pose to that witness. The testimony of the witness so questioned shall be entered in a record of the trial by the presiding judge of the trial or by one of the judges. This testimony shall be read out loud at the trial by the presiding judge of the trial or by one of the judges. Repeated and additional questions of other participants in the hearing in court which they wish to pose after the testimony of the questioned witness has been read out loud at the trial by the presiding judge of the trial or one of the judges shall be posed and answered in accordance with the procedure laid down in this paragraph.
4. In individual cases, where the appearance of a witness whereto anonymity is applied before a court would seriously endanger the life, health or liberty of the witness, his family members or close relatives, it shall be possible not to summon him to the trial, and his testimony given to a pre-trial investigation judge in accordance with the procedure laid down in Article 203 of this Code shall be read out loud in the court. In the presence of the grounds referred to in this paragraph, the witness may be questioned by audiovisual transmission through the creation of acoustic and visual


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paragraph, the witness may be questioned by audiovisual transmission through the creation of acoustic and visual barriers.

Article 283. Procedure for questioning a victim


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1. When it is necessary to question several victims, a court shall establish the sequence of their questioning.
2. A victim shall be questioned and his testimony shall be read out in accordance with all the rules governing the questioning of a witness and reading out of a witness’s testimony.
3. A questioning of a child victim, where it is necessary to conduct such in court in exceptional cases, must at all times, or a questioning of a minor victim with regard to crimes against human life, health, liberty, sexual self-determination and inviolability, the child and the family, with regard to profiting from the minor’s prostitution or involvement of the minor in prostitution or in other cases when requested by participants in the hearing in court or of the court’s own motion, be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, also by the representative of a state institution for the protection of the rights of the child, who shall observe from another room whether the rights of the minor victim are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. An accused person and other parties to the proceedings, with the exception of the psychologist and the representative of the minor victim, shall be prohibited from staying in the room where the questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the accused person and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through a judge or a court. The representative of the minor victim shall have the right to participate in the questioning only after considering whether he will have an impact on the minor. The minor victim and his representative may, by a court ruling, participate during a part of the hearing of


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minor victim and his representative may, by a court ruling, participate during a part of the hearing of the case.
4. A victim whereto anonymity is applied shall be questioned in accordance with the rules laid down in Article 282 of this Code.
5. A victim whereto partial anonymity is applied shall be questioned in accordance with the rules laid down in Article 279 of this Code.
6. Where this is necessary due to a victim’s special protection needs, the victim may, under a court ruling, participate during a part of the hearing of the case. Such a victim may also be excluded from questioning at a trial. In this case, the testimony given by the victim to a pre-trial investigation judge must be read out loud in court or an audio and video recording made during a pre-trial investigation must be made public. If such a victim is summoned to court, an accused person and other parties to the proceedings may, in the interests of his protection and by a ruling of a judge or a court, be refused access to the room where the questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the accused person and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through the judge or the court.

Article 284. Participation of a professional in the hearing of a case in court and a questioning of the professional


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1. If a professional’s conclusion presented during a pre-trial investigation is sufficiently clear and detailed, it shall be made public at a court hearing in the absence of the professional.
2. The professional shall be summoned to the court hearing for a questioning only if the court decides that his testimony is necessary to clarify or supplement the professional’s conclusion.
3. A professional who did not present a conclusion in the course of a pre-trial investigation may also be summoned to the court hearing.
4. The professional shall be questioned in accordance with the rules for questioning witnesses.

Article 285. Participation of an expert in the hearing of a case in court, where an expert examination was conducted in the course of a pre-trial investigation
If an expert examination was conducted in the course of a pre-trial investigation and an expert report submitted to a court is sufficiently clear and detailed, it shall be made public at a court hearing in the absence of an expert. The expert shall be summoned to the court hearing for a questioning only if the court recognises that his testimony is necessary to clarify or supplement the expert report. The expert shall be questioned in accordance with the procedure for posing questions laid down in Article 275 of this Code. Where it is impossible to question the expert at the court hearing, he may be questioned by audiovisual transmission.

Article 286. Ordering and conduct of an expert examination during the hearing of a case in court


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1. A court shall have the right to order an expert examination at the request of participants in the hearing of a case in court or of its own motion.
2. The participants in the hearing of the case in court shall pose questions to an expert in writing. The presiding judge of the trial shall read these questions out loud, and the court shall subsequently hear the opinions of the participants in the hearing regarding the questions posed. A ruling on the ordering of an expert examination and the posing of questions to the expert shall be issued by the court in the deliberation room. Having considered the questions posed, the court shall reject those which are not related to the case or are beyond the competence of the expert and, where necessary, shall formulate new questions. The ruling ordering an expert examination shall be pronounced by the presiding judge of the trial and served on the expert. If the expert is absent from the court hearing, the court shall deliver the issued ruling for execution to an expert examination facility or to a person assigned with the task of conducting the expert examination. Together with the ruling, the material necessary for the expert examination shall be handed over or sent to the expert. Where necessary, the court shall assign to a prosecutor thе task of collection of the material necessary for the conduct of the expert examination.
3. Upon receipt of the ruling ordering an expert examination and examination of the material submitted, the expert shall conduct the expert examination and draw up an expert report. Where the expert considers that the material submitted to him is not sufficient to reach a conclusion or that the questions posed to him are beyond his competence, he shall draw up an opinion that no conclusion can be presented.
4. If, in the course of the expert examination, the expert establishes the circumstances which are relevant to the case and in respect whereof questions have not been posed to him, he shall have the right to include them in the expert report.
5. The expert participating in the hearing of the case in court


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them in the expert report.
5. The expert participating in the hearing of the case in court shall read out loud at the court hearing the expert report or the expert’s opinion that no conclusion can be presented, and the expert report or the expert’s opinion shall be appended to the case file. The participants in the hearing in court may pose oral questions to the expert with a view to clarifying or supplementing the expert report or clarifying the expert’s opinion that no conclusion can be presented. The expert may read out the expert report and answer the questions posed by the participants in the hearing in court by audiovisual transmission.
6. An expert examination facility or an expert who does not participate in the hearing of the case in court shall transmit to the court its/his expert report or expert’s opinion that no conclusion can be presented. Such an expert report or expert’s opinion received by the court shall be made public and examined in compliance with the rules laid down in Article 290 of this Code.
7. Having assessed the expert report as being insufficiently detailed or insufficiently reasoned, the court shall have the right to order a new expert examination and to assign the task of conducting it to the same expert or another expert. In this case, the previous expert report shall be submitted to the expert together with a ruling ordering a new expert examination.
8. The hearing of the case in court may, if necessary, be adjourned for the duration of the expert examination.

Article 287. Right of a court to perform any procedural action 
During the hearing of a case, a court shall have the right to perform any procedural action provided for in Sections Two, Three, Four and Five of Chapter XIV of this Code. Where it is impossible to perform these actions in court for some reason or this considerably complicates the hearing of the case, the court may assign to a prosecutor or a pre-trial investigation judge


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the hearing of the case, the court may assign to a prosecutor or a pre-trial investigation judge the task of performing or organising the performance of these actions.

Article 288. Prosecutor’s right to adduce additional evidence
During the examination of evidence, a prosecutor may request permission to adduce additional evidence while performing procedural actions. In granting this request of the prosecutor, a court shall adjourn the hearing of the case in court.

Article 289. Visual inspection of material evidence


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1. The material evidence which must be visually inspected in order to thoroughly investigate the circumstances of a case shall be visually inspected in court. Requests of participants in the hearing in court concerning visual inspection of material evidence shall be resolved by a court ruling. Material evidence shall be visually inspected by the court, and shall be presented to the participants in the hearing in court. Where necessary, material evidence may also be presented to witnesses or to an expert. Examination of material evidence, both of the court’s own motion and at the request of the participants in the hearing in court, may be conducted at any stage of the examination of evidence. Persons to whom material evidence is presented shall have the right to draw the attention of the court to any circumstances relating to the visual inspection. This shall be indicated in a record of the trial.
2. Where material evidence cannot be delivered before the court, the court shall, where necessary, inspect it at the place where material evidence is located in compliance with the rules laid down in paragraph 1 of this Article.

Article 290. Reading out and visual inspection of documents


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1. During the examination of evidence, the presiding judge of a trial shall announce by listing the documents which are relevant to the hearing of the case, as received during a pre-trial investigation and the hearing of a case in court and appended to the case file. Where necessary for a thorough examination of the circumstances of the case, these documents or parts thereof shall, at the request of participants in the hearing in court or of the court’s own motion, be made public by reading out and visually inspected. Requests of the participants in the hearing in court concerning these issues shall be resolved by a court ruling. 
2. During the examination of evidence in court, the audio or video recordings made in the course of the pre-trial investigation may be heard and viewed.

Article 291. Making public of evidence in the case of summary examination of evidence
In the case of summary examination of evidence, the presiding judge of a trial shall, in accordance with the procedure laid down in Article 290 of this Code, make public the records of the questioning of accused persons, victims, witnesses, experts and professionals drawn up during a pre-trial investigation or earlier during the trial, as well as documents in the file, and shall provide access to other evidence.

Article 292. End of the examination of evidence in court
1. Where the evidence available in a case has been examined, the presiding judge of a trial shall ask participants in the hearing in court whether they wish to supplement the examination of evidence and what exactly they wish to supplement it with.
2. After requests, if any, have been heard and, where necessary, additional investigative actions have been performed, the presiding judge of the trial shall announce that the examination of evidence in court has been completed.

CHAPTER XXII
CLOSING SPEECHES AND FINAL PLEA OF AN ACCUSED PERSON

Article 293. Closing speeches


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1. Upon completion of the examination of evidence, a court shall begin hearing closing speeches.
2. The closing speeches shall be those delivered at a trial by a prosecutor, a victim or his representative, a civil claimant, a civil defendant or their representatives, a defence counsel or an accused person who does not have a defence counsel.
3. No longer effective from 1 October 2017.
4. Evidence which has not been examined at a trial may not be relied upon in a closing speech.
5. After the participants in the hearing in court have delivered their closing speeches, they shall have the right to make objections and to submit observations on what has been said in the previous closing speeches. The defence counsel or, in his absence, the accused person shall be last to make objections and to submit observations.
6. A court may not restrict the length of the closing speeches, however the presiding judge of the trial shall have the right to interrupt a closing speech which is clearly unrelated to the case being heard.
7. Having delivered the closing speeches, the participants in the hearing in court may propose to the court in writing the wording of the decisions provided for in Article 307 of this Code.

Article 294. Final plea of an accused person
1. After closing speeches, the presiding judge of a trial shall allow an accused person to make the final plea.
2. No questions shall be posed to the accused person during his final plea.
3. The court may not restrict the length of the final plea of the accused person, however the presiding judge of the trial shall have the right to stop the accused person if the latter speaks about circumstances which are clearly unrelated to the case.

Article 295. Resumption of the examination of evidence in court


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1. If persons who have delivered their closing speeches or an accused person in the final plea disclose(s) new circumstances which are material to the case, a court may, at the request of participants in the hearing in court or of its own motion, resume the examination of evidence.
2. Upon completion of the resumed examination of evidence, closing speeches shall be heard again and an accused person shall deliver his final plea.

Article 296. Notification of the pronouncement of a judgment
Having heard the final plea of an accused person and having taken a decision either on the bench or in the deliberation room, a court shall notify of the date and place of the pronouncement of a judgment.


CHAPTER XXIII
PASSING OF A JUDGMENT

Article 297. Passing of a judgment on behalf of the Republic of Lithuania
Courts of the Republic of Lithuania shall pass a judgment on behalf of the Republic of Lithuania.

Article 298. Place of the passing of a judgment
A judgment shall be passed in the deliberation room. At that time, only the judges forming the judicial panel which heard the case may be present in that room.

Article 299. Procedure for deliberation and voting by judges


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1. When passing a judgment in cases heard before judicial panels, deliberation and voting by judges shall be held under the direction of the presiding judge of a trial. Disagreements concerning the procedure for deliberation and voting shall be resolved by a full court.
2. The deliberation and voting of judges shall be conducted separately on the issues of provability of guilt, classification of a criminal act, imposition of a penalty and other issues. The presiding judge of a trial shall formulate the issues to be resolved in such a way that they may be answered only in the affirmative or the negative.
3. A judge with the least seniority as a judge shall vote first. The presiding judge of a trial, regardless of his seniority as a judge, shall vote last.
4. A judge who has voted against the conviction of an accused person shall have the right to abstain from voting on the imposition of a penalty. In such a case, the judge’s vote shall be attributed to an opinion of judges which is more favourable to the accused person.
5. During the passing of a judgment, issues shall be resolved by majority vote, with the exception of the penalty of a life custodial sentence. The penalty of a life custodial sentence may be imposed on an accused person only by common accord.
6. A judge who, during the passing of the judgment, had a different opinion shall have the right to state it in writing. The separate opinion shall not be read out when pronouncing the judgment, but shall be appended to the case file.

Article 300. Resumption of the examination of evidence in court


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1. Having established during the passing of a judgment that some circumstances of a case have not been fully investigated, a court may resume the examination of evidence in accordance with the procedure laid down in Article 295 of this Code.
2. The examination of evidence shall also be resumed where the court establishes the cases provided for in Article 256(2) of this Code.

Article 301. Evidence on which a judgment relies
1. A court shall rely in its judgment solely on the evidence which has been examined at a trial.
2. A judgment of conviction may not rely solely on the testimony of victims or witnesses whereto anonymity is applied. The judgment of conviction may rely on the testimony of these persons only if the testimony is supported by other evidence.

Article 302. Drawing up of a judgment
1. Having considered and resolved the issues necessary for passing a judgment, a court shall draw up a judgment.
2. A judgment shall be signed by all the judges who passed it. A judge who has a different opinion shall also sign the judgment.
3. Any corrections to be made in a judgment must be discussed in the judgment itself and signed by all judges.
4. A judgment must be pronounced not later than within 14 days from the notification of the date and place of its pronouncement or, in the event of a complex and large-volume case, within the shortest possible time limit as laid down by a court, but not later than within 45 days.
5. Prior to the pronouncement of a judgment, the judges hearing a case may hear also other cases or perform other procedural actions.

Article 303. Types of judgments


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1. A court judgment may be a judgment of conviction or of acquittal. Moreover, a court judgment may be passed to dismiss a criminal case.
2. By a judgment of conviction, an accused person shall be found guilty of commission of a criminal act provided for in a criminal law and shall be imposed a penalty.
3. Where, prior to the passing of a judgment, an accused person begins to suffer from a serious incurable illness rendering the serving of a sentence excessively difficult, a court may, when passing a judgment of conviction, release the convicted person from serving the sentence.
4. A court shall dismiss a criminal case by a judgment if there are grounds for releasing an accused person from criminal liability as provided for in Articles 36-40, Article 93, Article 114(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania. The court shall dismiss the criminal case by the judgment also if it is established during the hearing of the case in court that the accused person was justly charged with the commission of a criminal act, but the limitation period for the passing of a judgment of conviction in respect of this criminal act has expired. 
5. A court shall pass a judgment of acquittal if:


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1) an act having elements of a crime or of a misdemeanour was not committed;
2) it has not been proved that an accused person participated in the commission of a criminal act.
6. If a judgment of acquittal has been passed on the basis of point 2 of paragraph 5 of this Article and the perpetrator of a criminal act remains unidentified, a court shall, after the entry into force of the judgment, refer the case to a prosecutor for the purpose of taking measures to identify the perpetrator of the criminal act.

Article 304. Introductory part of a judgment
The introductory part of a judgment shall indicate:
1) that the judgment has been passed on behalf of the Republic of Lithuania;
2) the date and place of the passing of the judgment;
3) the name of the court which has passed the judgment, full names of judges, the clerk of the hearing, the prosecutor, the defence counsel, the victim, the civil claimant, the civil defendant and their representatives, the legal representative of the accused person, the interpreter;
4) the accused person’s full name, date and place of birth, personal number, citizenship, nationality, place of residence, education, family status, data on conviction and other data concerning him which are relevant to the case;
5) a criminal law providing for a criminal act with the commission whereof the accused person is charged.

Article 305. Descriptive part of a judgment
1. The descriptive part of a judgment of conviction shall indicate:


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1. The descriptive part of a judgment of conviction shall indicate:
1) the circumstances of a criminal act which has been recognised as proved, i.e. the place, time, manner, consequences and other relevant circumstances of commission thereof;
2) the evidence on which the court relies in its conclusions and the reasons on the basis whereof the court has rejected other evidence;
3) reasons for and conclusions of the classification of the criminal act;
4) reasons for the imposition of a penalty, a penal sanction or a reformative sanction.
2. The descriptive part of a judgment of conviction releasing a convicted person from serving a sentence shall indicate the circumstances provided for in points 1-3 of paragraph 1 of this Article as well as the serious incurable illness of the convicted person which would render the serving of the sentence excessively difficult. The illness of the convicted person must be confirmed by a certificate of a health care institution or a conclusion of an expert commission. If a penal sanction or a reformative sanction is imposed while releasing the person from serving the sentence, the grounds for imposing that sanction shall be indicated in the descriptive part of the judgment.
3. The descriptive part of a judgment of acquittal shall indicate:


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1) the substance of the charges in relation to which the case has been referred for hearing in court;
2) the circumstances of the case established by a court;
3) reasons for the assessment of evidence;
4) conclusions of the court on the acquittal of the accused person.
4. The descriptive part of a judgment dismissing a criminal case shall indicate the circumstances as provided for in points 1 and 2 of paragraph 1 of this Article, the classification of a criminal act as well as the grounds and reasons for the release from criminal liability or data on the expiry of the limitation period for the passing of a judgment of conviction. Where a penal sanction or a reformative sanction is imposed while dismissing the criminal case, the descriptive part of the judgment shall indicate the reasons for imposing that sanction. 
5. The descriptive part of a judgment must indicate the reasons substantiating a decision to compensate for the damage caused by a criminal act.
6. The descriptive part of a judgment may also indicate other relevant circumstances and the reasoning behind decisions.

Article 306. No longer effective from 1 September 2007.

Article 307. 
1. The operative part of a judgment of conviction shall indicate:


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1. The operative part of a judgment of conviction shall indicate:
1) the forename and surname of the accused person;
2) a decision to find the accused person guilty;
3) a criminal law according to which the accused person is found guilty;
4) decisions on the inclusion of a penalty, a penal sanction or a reformative sanction, also remand and compulsory medical measure in the term of the sentence, where there are grounds therefor;
5) a decision to recognise the accused person as a dangerous repeat offender, if the court recognises so;
6) a decision on the imposition of a supervision measure on the convicted person.
2. In the cases when an accused person charged with the commission of several criminal acts is found guilty of the commission of certain acts and not guilty of the commission of other acts, the operative part of a judgment must indicate precisely the acts of which he has been convicted and of which he has been acquitted.
3. The operative part of a judgment of conviction releasing an accused person from serving a sentence shall indicate the data and decisions referred to in points 1-3 of paragraph 1 of this Article, also a decision to impose a penalty and a decision to release the convicted person from serving the sentence, a decision on the lifting of procedural coercive measures, a decision on the imposition of a penal sanction or a reformative sanction, where there are grounds therefor.
4. The operative part of a judgment of acquittal shall indicate:
1) the forename and surname of the accused person;
2) a decision to acquit the accused person and the grounds for the acquittal;
3) a decision on the lifting of procedural coercive measures.
5. The operative part of a judgment dismissing a criminal case shall indicate:


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1) the forename and surname of the accused person;
2) a decision to release the person from criminal liability or a decision to dismiss the criminal case because of the expiry of the limitation period for the passing of a judgment of conviction;
3) a decision on the imposition of a penal sanction or a reformative sanction, where there are grounds therefor;
4) a decision on the lifting of procedural coercive measures. 
6. The operative part of the judgment must indicate decisions on:
1) compensation for damage resulting from a criminal act; 
2) further use of material evidence;
3) reimbursement of costs of proceedings.
7. Moreover, the operative part of the judgment shall indicate the procedure and time limits for appealing against the judgment.

Article 308. Pronouncement of a judgment


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1. A court or one of the judges of a judicial panel hearing a case shall, at a time notified in advance, return to the courtroom and pronounce a judgment by reading out its introductory and operative parts or the entire judgment. Having pronounced only the introductory and operative parts of the judgment, the court must give an oral clarification of the reasons of the judgment, which it may supplement by reading out the individual parts of the judgment. The court shall not normally make public a natural person’s personal number, the address of his place of residence or stay, data on his identification document, telephone number, e-mail address and other contact details, date and place of birth, family status, place of employment and current job position, vehicle registration number, a credit institution’s account number, unique number of the real property or other property to be registered, exact address of the location of such property, data which constitute the case file recognised by the court as non-public, as well as special personal data and other personal data stored separately from other pre-trial investigation material. 
2. The judgment shall be pronounced with all the persons present in the courtroom standing, except for the cases provided for in Article 258(2) of this Code.
3. The judgment shall be pronounced in the presence of an accused person, his defence counsel and a prosecutor, unless the court decides otherwise.
4. After pronouncing the judgment, a judge shall instruct participants in the hearing in court as to the procedure and time limits for appealing against the judgment, the conditions of oral and written appeal procedure and, in respect of the accused person, also specific features of the execution of the penalties imposed.
5. Where the actual penalty of arrest or a custodial sentence is imposed under a judgment on a convicted person, the presiding judge of the trial must ascertain whether a victim wishes to be notified of the future release of the convicted person or the escape of the convicted person from custody. The


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notified of the future release of the convicted person or the escape of the convicted person from custody. The victim shall also be notified of the safeguards provided for in legal acts which may be applied to him and of the procedure for applying them. If the victim was absent from a court hearing, this information must be ascertained within five days from the pronouncement of the judgment. It shall not be necessary to ascertain this information if the victim’s place of residence is unknown, also if such notification could cause harm to the convicted person. If there are many victims, it shall be sufficient to ascertain this information through a person(s) representing their interests. If the victim requests to be notified of the future release of the convicted person or his escape from custody, the presiding judge of the trial shall draw up a note. After the judgment becomes final, this note together with a transcript of the judgment shall be sent to an executing institution in accordance with the procedure laid down in Article 342 of this Code. The convicted person and his defence counsel shall be prohibited from accessing the content of this note.

Article 3081. Correction of errors in a judgment


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1. A court may, of its own motion or under motions of parties to proceedings, correct in a non-final judgment writing errors, obvious arithmetic errors or other inaccuracies the correction whereof does not alter the substance of the judgment.
2. A hearing may be held to consider the issue of correction of errors in the judgment, which shall be notified to a prosecutor, a defence counsel and other parties to the proceedings.
3. A copy of a ruling issued on the issue of correction of errors in the judgment must, within three days from the issue thereof, be sent to the parties to the proceedings on whom a transcript of the judgment was served or to whom it was sent in accordance with the procedure laid down in Article 310 of this Code.
4. Objections to the rulings issued in accordance with this procedure may be included in an appeal against the judgment.

Article 309. Release from remand 
1. An acquitted person or a convicted person shall, if held on remand, be released from remand without delay by a court in the courtroom where in respect of such a person:


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1) a judgment of acquittal is passed;
2) a judgment dismissing the criminal case is passed; 
3) a judgment of conviction releasing him from serving a sentence is passed;
4) the penalty of community service, a fine or the penalty of restriction of liberty is imposed;
5) the penalty of arrest or a custodial sentence is imposed, with the term thereof not exceeding the period already spent on remand;
   6) no longer effective from 6 July 2019;
7) the execution of a judgment or the entire sentence is stayed. 
2. An accused person on remand shall be released from remand without delay by a court in the courtroom also in the event of issuing a ruling to dismiss the criminal case.
3. A person on whom the supervision measure of remand has been imposed in another case shall not be released from remand.

Article 310. Service of transcripts of a judgment
1. Transcripts of a judgment shall be served immediately after the pronouncement thereof on an acquitted person, a convicted person or a person whose case has been dismissed.
2. If the persons referred to in paragraph 1 of this Article were absent from the pronouncement of the judgment or did not receive it immediately after the pronouncement, transcripts of the judgment must be served on or sent to them not later than within five days from the pronouncement of the judgment.
3. As regards other persons who participated in the hearing of the case in court, the transcripts of the judgment shall be served on them, at their request, immediately after the pronouncement of the judgment or shall be sent within five days from the receipt of such a request.

PART VI
PROCEEDINGS IN AN APPELLATE COURT

CHAPTER XXIV
APPEAL AGAINST A NON-FINAL JUDGMENT OR RULING

Article 311. Courts hearing cases under appeal procedure


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1. Criminal cases concerning a non-final judgment or ruling shall be heard under appeal procedure by regional courts at appellate instance and by the Court of Appeal of Lithuania.
2. A regional court shall hear under appeal procedure the cases heard by a district court.
3. The Court of Appeal of Lithuania shall hear under appeal procedure the cases heard at first instance by a regional court.

Article 312. Right to appeal against a court judgment under appeal procedure


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1. A prosecutor, a convicted person, a person whose case has been dismissed, their defence counsel and their legal representative, a victim and his representative shall have the right to file appeals against a non-final judgment on any grounds and for any reasons.
2. An acquitted person, his defence counsel and his legal representative shall have the right to file appeals against a judgment in so far as it is related to reasons for and grounds of the acquittal.
3. A civil claimant, a civil defendant and their representatives shall have the right to file appeals against the part of a judgment which is related to a civil claim.
4. 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 only in respect of the decision in question.
5. The defence counsel of a convicted person, an acquitted person or a person whose case has been dismissed shall have the right to file an appeal only if this does not contradict the will of the convicted person, the acquitted person or the person whose case has been dismissed, as 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 unless there is the will of the convicted person, the acquitted person or the person whose case has been dismissed, as expressed in writing. 
6. The defence counsel of a person who, by reason of his physical or mental impairments, is unable to exercise his right of defence on his own and of a minor convicted person, acquitted person or person whose case has been dismissed may appeal regardless of the will of the convicted person, the acquitted person or the person whose case has been dismissed.
7. The will of a convicted person, an acquitted person or a person whose case has been dismissed shall not be binding on the legal representatives who file an


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person or a person whose case has been dismissed shall not be binding on the legal representatives who file an appeal.

Article 313. Procedure and time limits for appealing against a judgment


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1. An appeal against a non-final judgment must be filed in writing and be signed by the appellant. The appeal must indicate the name of an appellate court, the case which is the subject of the appeal and set out the substance of the part of the judgment under appeal, the grounds of and reasons for appealing against the judgment, reasoned requests of the appellant for the admission of evidence, the evocation of evidence, the initiation and scope of the examination of evidence, the hearing of the case under the oral or written procedure, requests on other issues. 
2. The appeal shall be filed with the appellate court through the court which passed the judgment.
3. The appeal against the court judgment may be filed within 20 days from the pronouncement of the judgment.
4. For a convicted person on remand, a time limit for filing an appeal shall run from the service of a transcript of a judgment thereon.
5. For an accused person who did not attend a trial, a time limit for filing an appeal shall run from the dispatch of a transcript of a judgment thereto.
6. Within a time limit laid down for appealing against a judgment, the case must be kept with the court which passed the judgment, and the persons referred to in Article 312 of this Code shall have the right to access the case in the court.
7. An appeal filed after exceeding the time limit shall be returned to the appellant.

Article 314. Procedure for reopening a time limit for appealing against a judgment


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1. The persons authorised to file an appeal, if failing to comply with a time limit for filing an appeal for compelling reasons, shall have the right to request that a court which passed a judgment reopen the exceeded time limit.
2. The court or a judge shall decide on the reopening of the exceeded time limit in accordance with the procedure laid down in Article 102 of this Code.
3. A ruling of the court or the judge rejecting the request to reopen the exceeded time limit may be appealed against to an appellate court. This court shall have the right to reopen the exceeded time limit or to uphold the ruling.
4. A request to reopen an exceeded time limit for filing an appeal may not be submitted if more than six months have lapsed since the pronouncement of a judgment or a ruling.

Article 315. Consequences of filing an appeal
1. If an appeal is filed, execution of a judgment shall not commence.
2. Execution of a judgment may commence only if a convicted person expresses in writing a wish to commence serving a sentence pending the hearing of a case under appeal procedure.

Article 316. Withdrawal of an appeal


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1. An appellant shall have the right to withdraw an appeal.
2. 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.
3. Requests for the withdrawal of appeals may be submitted before a court notifies in the courtroom of the date and place of pronouncement of a judgment or a ruling.
4. If the time limits referred to in Article 313 of this Code have not expired, the appellant may, upon withdrawal of his appeal, file a new appeal. In such a case, the rules laid down in Article 317 of this Code must apply.
5. Upon withdrawal of the appeal, the court shall leave the appeal unheard and terminate the court proceedings.

Article 317. Notification of appeals filed


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1. A court which passed a judgment shall notify of the filing of an appeal and of the right to access it and to submit statements of defence a convicted person, an acquitted person, a person whose case has been dismissed and other parties to the proceedings whose interests are affected by the appeal. If the appeal affects a large number of victims or civil claimants in the criminal case, it shall be possible not to send notifications to these persons, however a notification of the filed appeal and of the possibility of accessing it and submitting statements of defence shall be provided on a special website and at the e-mail addresses indicated by the parties to the proceedings not later than ten days before the announced date of provision of access to the filed appeal.
2. A transcript of an appeal filed by a prosecutor, a victim or his representative shall be sent to the convicted person, the acquitted person and the person whose case has been dismissed. Such transcripts shall be served on other parties to the proceedings at their request.
3. The statements of defence received to the appeal shall be appended to the case file or shall be transmitted to an appellate court to supplement the case file.

Article 318. Procedure for appealing against rulings of a court of first instance


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1. Appeals may be filed under appeal procedure against rulings of a court or judge of first instance to dismiss a criminal case and against rulings issued upon completion of the hearing of a case regarding the application of compulsory medical measures. 
2. The parties to proceedings referred to in Article 312 of this Code shall have the right to appeal against a court ruling to dismiss a criminal case, while the parties to proceedings referred to in Article 404 of this Code shall have the right to appeal against a court ruling resolving the issue of application of compulsory medical measures.
3. The court rulings referred to in paragraph 1 of this Article shall be appealed against in accordance with the procedure and within the time limits laid down in Article 313 of this Code.
4. An appeal against a judgment or a ruling referred to in paragraph 1 of this Article may also indicate objections to rulings of a court of first instance regarding the referral of a case for hearing at a trial, regarding the possibility of hearing the case in the absence of any of parties to the proceedings, regarding the filed motions for challenge, regarding the collection of new evidence, regarding the hearing of requests of the parties to the proceedings, regarding observations in a record of the trial and regarding maintenance of order during the trial.

Article 319. Transmission of a case file together with a received appeal and a notification of the place and date of the hearing of the case


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1. Upon the expiry of a time limit for filing an appeal, a court shall, within three days, transmit a case file together with the received appeals and statements of defence thereto to an appellate court. The statements of defence received after the expiry of this time limit shall be transmitted to the appellate court additionally. 
2. A court of first instance must notify parties to the proceedings of the place and date of the hearing of the case under appeal procedure. If the appeal has been filed on the grounds aggravating the position of a convicted person, the court shall send a request for the delivery of the convicted person on remand before the appellate court. If the convicted person, an acquitted person or a person whose case has been dismissed is not in custody, summonses shall be sent to them. If the convicted person, the acquitted person or the person whose case has been dismissed is temporarily absent, a 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.
3. If there are many victims or civil claimants in the case, they may be notified of the date of the hearing of the case in the appellate court on a special website and at the e-mail addresses indicated by the parties to the proceedings. The notification must be published not later than ten days before the date of the hearing of the case in court.
4. If the case only contains an appeal the aim of which is not to aggravate the position of the convicted person, the acquitted person or the person whose case has been dismissed and is not to request that the case be heard by the appellate court under the oral procedure, a court of first instance shall, in the notification of the hearing of the case, instruct other parties to the proceedings as to the right to request that the case be heard under the oral procedure. Such a request must be submitted in writing


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to request that the case be heard under the oral procedure. Such a request must be submitted in writing to the appellate court within 20 days from the of receipt of the notification.

CHAPTER XXV
APPELLATE PROCEEDINGS

Article 320. General provisions on the hearing of a case under appeal procedure


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1. Cases shall be heard under appeal procedure only in the presence of appeals filed in accordance with the procedure and within the time limits laid down in Article 313 of this Code.
2. Cases shall be heard under appeal procedure at a court hearing by a judicial panel of three judges or by a mixed judicial panel of three judges of the Criminal Division and the Civil Division of a regional court or of the Lithuanian Court of Appeal.
3. The court shall review the case to the extent requested in the appeals and only in respect of persons who have filed the appeals or in relation to whom such appeals have been filed. However, if during the hearing of the case the court establishes material infringements of this Code, it shall, irrespective of whether an appeal has been received in respect thereof, verify whether this had a detrimental effect not only on the person in respect of whom the case is heard, but also on other convicted persons who have not filed appeals.
4. The position of a convicted person or an acquitted person as well as a person whose case has been dismissed may be aggravated by an appellate court only in the presence of appeals filed by a prosecutor, a victim and a civil claimant. The position of the convicted person, the acquitted person or the person whose case has been dismissed may not be aggravated beyond what is requested in an appeal.
5. If the appellate court commutes a judgment in respect of the convicted persons who have appealed against the judgment or in relation to whom the judgment has been appealed against, it may also commute the judgment passed in respect of the latter persons on the grounds also applicable to other convicted persons.
6. An appellate court shall hear cases in open court, except for the cases provided to in Article 9 of this Code. When hearing a case under appeal procedure, the general provisions on hearing in court, as stipulated in Chapter XIX of this Code, shall apply having regard to the specific features as provided for in this Chapter. In the cases specified


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shall apply having regard to the specific features as provided for in this Chapter. In the cases specified in Article 3251 of this Code, a case may be heard under the written procedure. 
7. When hearing a case in an appellate court under the oral procedure, a record of a court hearing shall be drawn up.

Article 321. Time limits for hearing a case


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1. An appellate court shall hear a case at a hearing on the date fixed by a court of first instance. The court of first instance may not assign the hearing of the case to the appellate court earlier than one month after the dispatch to the appellate court of the case file containing the appeals received and the statements of defence thereto.
2. If a case is particularly complex or in other exceptional cases, the President of the Court of Appeal of Lithuania, the chair of a regional court or the chair of the Criminal Division may assign the hearing of the case on another date than fixed by a court of first instance, but not later than after one month. In this case, the parties to the proceedings shall be notified of the date of the hearing of the case in the appellate court.

Article 322. Persons participating in the hearing of a case at a hearing of an appellate court
1. During the hearing of a case under appeal procedure, a prosecutor and a defence counsel shall participate in a court hearing.
2. A convicted person, an acquitted person, a person whereto compulsory medical measures have been applied or have not been applied, their legal representatives, a victim, a civil claimant, a civil defendant and their representatives shall have the right to participate in this hearing. Failure of these persons to appear, provided that they were informed in due time of the date of the hearing of the case, shall not preclude the hearing of the case.

Article 323. Preparation of a case for hearing in court


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1. Upon receipt of an appeal, statements of defence thereto and a criminal case file, the President of the Court of Appeal of Lithuania, the chair of a regional court or the chair of the Criminal Division shall, not later than within three days from the receipt of the appeal, verify whether the appeal is consistent with the requirements set out in this Code. If the appeal has been drawn up in violation of the set requirements, it shall be returned to the appellant.
2. If the appeal is consistent with the set requirements, the chair of the court which has received the appeal or the chair of the Criminal Division of that court shall appoint a rapporteur.
3. The rapporteur shall access the appeal, the statements of defence thereto and the case file, if necessary, instruct to summon to a court hearing witnesses, victims, experts, professionals, and evoke additional material. If the rapporteur considers that the presence of a convicted person or an acquitted person is necessary, the appellate court shall send a request for the delivery of the convicted person on remand before the court and a summons to the acquitted person or the convicted person who is not in custody.
4. After the rapporteur has prepared the case for a hearing, the President of the Court of Appeal of Lithuania, the chair of the regional court or the chair of the Criminal Division shall form a judicial panel of three judges of the Criminal Division and shall approve one of these judges as the chair of that panel. The judges of the judicial panel shall access the appeal, the statements of defence thereto and the case file and, in the cases when the hearing of the case cannot commence on the fixed date or there are grounds for believing that the hearing of the case may last for a long period of time, shall decide on a change of the place and date of the hearing of the case or shall take a decision to hear the case according to a schedule of trial agreed and fixed in advance. On a proposal of the court hearing the


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according to a schedule of trial agreed and fixed in advance. On a proposal of the court hearing the case, the chair of the appellate court may form for the hearing of the case a mixed judicial panel of three judges of the Criminal Division and the Civil Division. Such a panel shall be formed and shall hear cases in accordance with the rules for the formation of judicial panels of an appellate court and hearing of cases by such panels as laid down in this Code.

Article 324. Hearing of a case at a hearing of an appellate court


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1. The chair of a judicial panel shall open a hearing, announce what case is to be heard, who filed the appeal and what is the court judgment 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 notified of the date of the hearing of the case. Appearing witnesses shall be removed from the courtroom. The chair of the judicial panel shall subsequently announce the full names of the judges hearing the case, the prosecutors, the defence counsel, representatives, experts, professionals, 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. The court shall decide whether the case may be heard if one of the parties to the proceedings fails to appear. The decision shall be taken in accordance with the rules laid down in Article 266 of this Code.
2. The chair of the judicial panel shall instruct the persons appearing for the hearing as to their rights and duties and shall ask whether they have any requests. These persons may request the court to call in witnesses, victims, experts, professionals to the hearing or to evoke the material required for the hearing of the case. The court shall issue an reasoned ruling on the submitted requests. If additional time is needed to grant a request, the court may adjourn the hearing of the case.
3. The hearing of the case on the merits shall commence with a report of one of the judges in which he sets out the merits of the case.
4. Of the court’s own motion or at the request of the parties to the proceedings, a judgment of a court of first instance and other judgments or rulings given in the case concerned, as well as a record of the trial of the court


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judgments or rulings given in the case concerned, as well as a record of the trial of the court of first instance or parts thereof may be read out.
5. When additional material is submitted to the court, the chair of the judicial panel or another judge shall read it out loud and transmit it to the parties to the proceedings, if they so request.
6. The appellate court may carry out the examination of evidence. The examination of evidence shall be carried out and resumed in accordance with the rules laid down in Chapter XXI of this Code. If necessary, the examination of evidence may also be resumed in the course of closing speeches and when passing a judgment or issuing a ruling.
7. Where a pre-trial investigation does not establish any circumstances which were not established also by a court of first instance and it is difficult to establish them at the hearing of the appellate court, the appellate court shall obligate a pre-trial investigation judge or a prosecutor to organise or perform the required investigative actions. If necessary, the hearing of the case may be adjourned until such actions are performed.
8. Closing speeches shall begin with the appellants’ speeches. If there is an appeal 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, 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 person who filed the appeal. The closing speeches shall subsequently be delivered by other parties to the proceedings. The parties to the proceedings who have delivered their closing speeches shall have the right to make an objection to and to submit observations on what has been said in the previous speeches. The convicted person, the acquitted person, the person whose case has been dismissed or his defence counsel or legal representative shall be last to make objections and to submit


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case has been dismissed or his defence counsel or legal representative shall be last to make objections and to submit observations. After the closing speeches, the convicted person, the acquitted person or the person whose case has been dismissed shall deliver the final plea.
9. After hearing the closing speeches and the final plea, 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 judgment or a ruling.


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10. A procedure for rendering, drawing up and pronouncing a judgment or ruling in an appellate court shall be laid down by the provisions of this Code governing a procedure for passing, drawing up and pronouncing a judgment in a court of first instance.
11. Transcripts of the ruling or judgment of the appellate court shall be served immediately after pronouncement on the appellant, as well as on the acquitted person, the convicted person or the person whose case has been dismissed, the interests of whom are affected by the judgment or ruling of the appellate court. If these persons did not participate in the pronouncement of the judgment or ruling or did not take a transcript of the judgment or ruling immediately after the pronouncement, transcripts of the judgment or ruling must be served on or sent to them not later than within five days from the pronouncement of the judgment or ruling. Transcripts of the judgment or ruling shall be served on or sent to other persons who participated in the court hearing when hearing the appeal case or the interests of whom are affected by the appeal at their request within five days from the receipt of the relevant request.
12. If the convicted person, the acquitted person or the person whose case has been dismissed does not speak Lithuanian, a translation of the judgment or ruling into his native language or into another language which he speaks shall, within 15 days, be sent to or served on him.

Article 325. Procedure for hearing appeals against rulings of a court of first instance
1. Appeals against rulings of a court or judge of first instance shall be heard by an appellate court at a court hearing in accordance with the procedure laid down in Articles 323 and 324 or 3251 of this Code.
2. Appeals against rulings shall be heard by an appellate court only in so far as they concern the persons against whom the appeals have been filed.

Article 3251. Hearing of an appeal case under the written procedure


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1. Where an appeal is filed against a ruling of a court of first instance or solely on the grounds referred to in Article 327, points 1, 2 or 4 Article 328 of this Code and there are no circumstances referred to in paragraph 4 of this Article, a case shall be heard under the written procedure. A decision on the hearing of the case under the written procedure shall be taken by a judicial panel formed for the hearing of the case, which shall, where necessary, change a time frame for the hearing of the case. 
2. When a decision is taken to hear a case under the written procedure, parties to the proceedings shall, on an instruction of a judge-rapporteur, be notified of this decision, the place and date of the hearing of the appeal, the composition of the judicial panel which will hear the appeal and shall be offered to submit statements of defence to the appeal of another party to the proceedings and shall be instructed as to the right to file motions for challenge and submit requests in writing. A copy of the appeal shall be appended to the notification to the parties to the proceedings who have not accessed the appeal. The statements of defence to the appeal, the motions for challenge and the requests must be submitted within 20 days from the receipt of the notification of the hearing of the case under the written procedure. A prosecutor shall be under the obligation to submit a statement of defence to the appeal. Failure of other parties to the proceedings to submit statements of defence to the appeal 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 to the other parties to the proceedings whose interests are affected by the appeal. Copies of other statements of defence to the appeal shall be sent to the parties to the proceedings by an appellate court. Copies of the statements of defence to the appeal shall not be sent to the prosecutor, a victim, a civil claimant and their representatives. 
3.


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be sent to the prosecutor, a victim, a civil claimant and their representatives. 
3. Upon completion of the hearing of the case under the written procedure, a court judgment shall be passed or a ruling shall be issued and transcripts thereof shall be served on or sent to the parties to the proceedings on the grounds and in accordance with the procedure laid down in Article 324 of this Code. The court judgment or ruling shall not be pronounced in the courtroom unless the court decides otherwise.
4. The case may not be heard in the appellate court under the written procedure where:


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1) the appeal has been filed on the grounds aggravating the position of a convicted person, an acquitted person or a person whose case has been dismissed, on the grounds referred to in point 3 of Article 328 or Article 329 of this Code or on the ground that compulsory medical measures ought to have been applied to the convicted person, or 
2) a party to the proceedings requests to hear the case under the oral procedure, or 
3) the case was heard at first instance before a judicial panel of three judges of the criminal division of a regional court, or
4) it is necessary, in the case, to conduct the examination of evidence or to hear oral clarifications of the parties to the proceedings.
5. Where the circumstances referred to in paragraph 4 of this Article transpire, the judicial panel hearing the case under the written procedure shall take a decision to hear the case under the oral procedure.

Article 326. Types of decisions of an appellate court taken upon completion of the hearing of a case
1. Having completed the hearing of a case at a court hearing, an appellate court shall issue, regarding a judgment under appeal, a ruling:


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1) to dismiss the appeal;
2) to annul the judgment and to dismiss the case on the grounds provided for in point 1 of Article 327 of this Code;
3) to annul the judgment on the grounds provided for in points 3 and 4 of Article 328 of this Code;
4) to annul the judgment and to refer the case for retrial in court: 
a) if the case was heard by a biased court of first instance;
b) if the case was heard in violation of the rules of jurisdiction laid down in Articles 224 and 225 of this Code;
c) where it transpires in the appellate court that, at the time of commission of an act and before the passing of  a judgment in a court of first instance, a convicted person was suffering from a mental illness or ought to have been applied compulsory medical measures; 
d) where the examination and assessment of evidence leads to the conclusion in the appellate court that the facts of an act differ substantially from those established by a court of first instance, which may lead to a substantial aggravation of the position of a convicted person, an acquitted person or a person whose case has been dismissed, thereby exceeding the limits of the hearing of the case under appeal procedure; 
5) to annul the judgment and to refer the case to a prosecutor where, in the course of a pre-trial investigation, an indictment was drawn up which is materially inconsistent with the requirements of Article 219 of this Code and this precludes the hearing of the case.
2. Having completed the hearing of a case at a court hearing, an appellate court shall pass, regarding a judgment under appeal, a judgment:


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1) to annul the judgment and to dismiss the case on the grounds provided for in point 2 of Article 327 of this Code;
2) to amend the judgment on the grounds provided for in points 1 and 2 of Article 328 of this Code.
3. A court shall have the right to annul or to amend a judgment in respect of individual convicted persons or the commission of individual criminal acts.
4. Having completed the hearing of a case at a court hearing, an appellate court shall, regarding a judgment under appeal, annul a judgment of a court of first instance and pass a new judgment on the grounds provided for in Article 329 of this Code.
5. Having completed the hearing of a case at a court hearing, an appellate court shall issue, regarding a ruling under appeal, a ruling:
1) to dismiss the appeal;
2) to annul the ruling and to refer the case for retrial in a court of first instance;
3) to amend the ruling;
4) to refer the case to a prosecutor if the ground provided for in Article 403(1)(5) of this Code transpires;
5) to annul the ruling and to take a new decision.
6. No longer effective from 1 September 2007.

Article 327. Grounds for annulling a judgment and dismissing a case
An appellate court shall annul a judgment of a court of first instance and shall dismiss a case if:


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1) there are the circumstances, as provided for in points 3-7 of Article 3(1) of this Code, which preclude criminal proceedings;
2) there are grounds for releasing an accused person from criminal liability as provided for in Articles 36-40, Article 93, Article 114(3), Article 147(3), Article 1471(3), Article 1472(2), Article 157(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania or the limitation period for the passing of a judgment of conviction has expired. 

Article 328. Grounds for amending a judgment
An appellate court shall amend a judgment of a court of first instance if:
1) a criminal law was incorrectly applied;
2) a penalty was imposed incorrectly;
3) the court’s conclusions as set out in the judgment are not consistent with the circumstances of the case;
4) other issues of the judgment were incorrectly resolved.

Article 329. Grounds for annulling a judgment and passing a new judgment
A judgment of a court of first instance shall be annulled and a new judgment shall be passed if:


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1) the court of first instance passed a judgment of conviction, and an appellate court concluded at a court hearing that it was not proved that an accused person had participated in the commission of a criminal act or that an act having elements of a crime or a misdemeanour had not been committed;
2) the court of first instance passed a judgment of acquittal, and an appellate court concluded at a court hearing that a judgment of conviction was required;
3) the court of first instance dismissed the criminal case by a judgment, and an appellate court concluded at a court hearing that a judgment of conviction or of acquittal was required;
4) the court of first instance committed a material infringement of this Code provided for in Article 369(3) of this Code, with the exception of the infringements provided for in points 4 and 5 of Article 326(1) of this Code.

Article 330. Passing of a judgment in the case of several different decisions of an appellate court
If in a case where appeals relating to several convicted persons have been heard there are grounds in respect of individual convicted persons for dismissing an appeal, annulling a judgment and dismissing the case, amending the judgment or passing a new judgment, all decisions shall be indicated in a single judgment.

Article 331. Content of a judgment of an appellate court


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1. A judgment of an appellate court shall be drawn up in compliance with the general provisions of Chapter XXIII of this Code. In addition, the judgment of the appellate court shall indicate: the name of a court of first instance, the date of the passing of a judgment of the court of first instance and the content of the operative part thereof, the circumstances of the case contested by the appellant, as indicated in the judgment of the court of first instance, and the substance of the appeal.
2. When annulling the judgment of the court of first instance and passing a new judgment, the appellate court shall indicate the circumstances and evidence of the case as established by the appellate court which serve as a basis for finding the convicted person innocent and acquitting him or for finding him guilty and convicting him, as well as the reasons on the basis of which it rejects or differently assesses the evidence of the judgment under appeal.
3. If the judgment of the court of first instance is annulled and the case is dismissed, the judgment of the appellate court must state grounds for dismissing the case. If the judgment of the court of first instance is annulled and the case is dismissed on the grounds that the limitation period for the passing of a judgment of conviction has expired, the judgment of the appellate court must also indicate the circumstances of the case established by the court and the evidence on which the court’s conclusions that the accused person was justly charged with the commission of a criminal act are based. 
4. If the judgment of the court of first instance is amended, the judgment of the appellate court must indicate the conclusions regarding the application of a criminal law and imposition of a penalty.

Article 332. Content of a ruling of an appellate court


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1. A ruling of an appellate court issued upon completion of the hearing of a case shall consist of an introductory part, a descriptive part and an operative part.
2. The introductory part of the ruling shall indicate: the date and place of the issue of the ruling; the name and composition of the court which issued the ruling; a prosecutor and other parties to the proceedings who participated in the hearing of the criminal case in the appellate court; the appellant; the name of a court which passed a judgment under appeal; the date of passing of a judgment of a court of first instance and the content of the operative part of the judgment.
3. The descriptive part of the ruling shall briefly set out the circumstances of the case contested by the appellant in the judgment under appeal, indicate the substance of the appeal, the requests of the parties to the proceedings participating in the hearing of the case under appeal procedure, and state the reasoned findings of the appellate court on the appeal.
4. The operative part of the ruling shall indicate a decision of the appellate court on the appeal.
5. If the appeal is dismissed, the  ruling must state the reasons explaining why the appeal is dismissed and the judgment is recognised as correct.
6. If the appellate court annuls the judgment and dismisses the case, the ruling shall state the specific circumstances which preclude the proceedings.
7. If the appellate court amends the judgment of the court of first instance, the ruling must state the reasons why the conclusions of the court set out in the judgment do not correspond to the circumstances of the case or what other issues of the judgment were incorrectly resolved.
8. If the appellate court annuls the judgment of the court of first instance and refers the case for retrial in court, the ruling must state the reasons for the annulment of the judgment as well as the infringement, as provided for in Article 326(1)(4) of this Code, which must be rectified by the


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for in Article 326(1)(4) of this Code, which must be rectified by the court of first instance.
9. If the appellate court annuls the judgment of the court of first instance and refers the case to a prosecutor, the ruling must state the reasons for the annulment of the judgment as well as the infringement, as provided for in Article 234(2) of this Code, which must be rectified by the prosecutor.

Article 333. Delivery of a judgment or a ruling of an appellate court for execution


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1. A judgment or a ruling of an appellate court together with a criminal case, an appeal, statements of defence thereto and the additionally submitted material shall, not later than within seven days from the publication of these decisions, be delivered for execution to a court of first instance which passed a judgment.
2. An appellate court’s judgment of acquittal and its judgment to dismiss the case shall be executed without delay. A convicted person on remand who participated in a hearing of the appellate court shall be released from remand in the courtroom. If the convicted person on remand did not participate in the hearing, a transcript of the judgment releasing the person from remand shall, on the day of the taking of this decision, be sent directly to the administration of a pre-trial detention facility for execution. The administration of the pre-trial detention facility must, within one day, notify the court of first instance which passed the judgment of the execution of the judgment of the appellate court.
3. A transcript of a judgment or a ruling of an appellate court must bear the signature of one of the judges hearing the case and the seal of the court.

Article 334. No longer effective from 14 July 2016.

PART VII
EXECUTION OF A JUDGMENT AND A RULING

Article 335. Execution of a judgment
Only a final court judgment shall be delivered for execution and executed.

Article 336. Finality of a judgment


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1. A judgment of a court of first instance shall become final if, upon the expiry of the time limit for filing an appeal, it has not been appealed against.
2. If an appeal is filed, the judgment of the court of first instance shall become final from the pronouncement of a decision of an appellate court.
3. A judgment and a ruling of the appellate court shall become final from their pronouncement.

Article 337. Non-executable judgment
A final court judgment of conviction shall not be delivered for execution and shall not be executed if:
1) the time limit for the execution of a judgment of conviction as laid down in Article 96 of the Criminal Code of the Republic of Lithuania has expired;
2) the execution thereof has been stayed until the expiry of a period of the stay of the execution of the judgment as laid down by the court.

Article 338. Stay of the execution of a judgment
1. The execution of a judgment imposing on a person the sentence of community service, restriction of liberty, arrest or deprivation of liberty may be stayed for a certain period in the presence of at least one of the following grounds:


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1) where the convicted person suffers from a serious illness precluding the serving of the sentence – until he recovers;
2) where a convicted person is pregnant when commencing the execution of the judgment – for a period not exceeding one year;
3) where the convicted person whose parental authority has not been restricted has minor children – until the youngest child attains the age of three years;
4) where the immediate commencement of the serving of the sentence may result in particularly serious consequences for the convicted person or his family due to a natural disaster, a serious illness or death of the single working family member or other extraordinary circumstances – for a period determined by a court, but not exceeding three months.
2. The execution of a judgment may not be stayed in respect of the persons convicted of serious and grave crimes as referred to in Article 11 of the Criminal Code of the Republic of Lithuania as well as the persons who have been recognised as dangerous repeat offenders under Article 27 of the Criminal Code of the Republic of Lithuania.
3. The execution of a judgment shall be stayed after the judgment becomes final. At the request of a convicted person, his defence counsel, family members or close relatives, the issue of the stay of the execution of the judgment shall be resolved by a reasoned ruling of the court which passed the judgment.

Article 339. Stay of the execution of a sentence


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1. Acting on the basis of Article 75 or 92 of the Criminal Code of the Republic of Lithuania and having assessed the information provided in a social investigation report, if such has been prepared, a court may, when passing a judgment, decide to stay the execution of a sentence either totally or in part.
2. When staying the execution of the sentence, the court shall indicate in the judgment the duration of the stay of the sentence and the reformative sanctions, penal sanctions, obligations and/or intensive supervision imposed on the convicted person. In the event of the partial stay of the execution of the sentence, an additional indication shall be given of the part of the sentence to be served by the convicted person immediately after the judgment becomes final.
3. In the event of the total stay of the execution of the sentence, the period of the stay shall run from the judgment’s becoming final. In the event of the partial stay of the execution of the sentence, the period of the stay of the execution of the sentence shall run from the release of the convicted person from a correctional facility. 

Article 340. Immediate execution of a pronounced judgment


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1. A judgment of acquittal, also a judgment releasing a convicted person from criminal liability or serving a sentence shall be executed by a court itself after it has pronounced the judgment and instructed the convicted person as to the substance of the judgment as well as his rights and duties.
2. An acquitted person or a convicted person shall, if held on remand, be released from remand without delay by a court in the courtroom in the cases provided for in Article 309(1) of this Code.
3. The immediate execution of a judgment pronounced by a court shall be binding on all state institutions and persons without any impediment.

Article 341. Permit for family members or close relatives to visit a convicted person
Prior to delivering a judgment for execution, a court may permit family members or close relatives of a convicted person on remand to visit the convicted person at their request.

Article 342. Delivery of a judgment for execution
1. A final judgment, except for the cases provided for in Article 337 of this Code, shall be delivered for execution by a court which passed it not later than within three days from the judgment’s becoming final or from the return of a case from an appellate court.
2. An ordinance to execute a judgment shall be drawn up by a judge and sent together with a transcript of the judgment to an executing institution and to a prosecutor supervising the delivery of the judgment for execution. If the judgment has been amended under appeal procedure, a transcript of a judgment or ruling of an appellate court shall be appended to the transcript of the judgment of a court of first instance. 
3. If two penalties have been imposed on a convicted person in accordance with Article 63 or 64 of the Criminal Code of the Republic of Lithuania, the documents shall be sent to the executing institutions.
4. In the cases provided for in paragraphs 1 and 2 of this Article, the judgment shall be delivered for execution:


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1) in respect of the penalty of community service – to a probation service; 
2) in respect of enforced recovery of a fine – to bailiffs;
3) in respect of the penalty of restriction of liberty – to a probation service; 
4) in respect of the penalty of arrest – to the place of custody wherein a convicted person is held or wherein he is to serve the sentence, unless the supervision measure of arrest has been imposed on the convicted person prior to the judgment’s becoming final; 
5) in respect of a fixed-term custodial sentence and a life custodial sentence – to the place of custody wherein a convicted person is held or to a police station within the territory of activities whereof the convicted person has his place of residence, unless the supervision measure of arrest has been imposed on the convicted person prior to the judgment’s becoming final; 
6) in respect of the penal sanction of prohibition to exercise a special right – to a probation service and to an institution which has granted that special right;
7) in respect of the penal sanctions of confiscation of property and extended confiscation of property – to a bailiff or to an institution which conducted a pre-trial investigation; 
8) in respect of the penal sanction of deprivation of the right to be employed in a certain position or to engage in a certain type of activities – to a probation service and to the administration of the person’s place of employment and, if this person is deprived of the right to engage in a certain type of activities, to an institution issuing authorisations for such activities;
9) in respect of the penal sanction of a contribution to the Crime Victims Fund – to the administrator of the Crime Victims Fund;


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10) in respect of the penal sanction of the obligation to notify about a change of the place of residence or departure therefrom – to a police station within the territory of activities whereof the convicted person has his place of residence in accordance with the procedure laid down by the Commissioner General of the Lithuanian Police; 
11) in respect of other penal sanctions – to a probation service; 
12) in respect of the application to minors of the reformative sanction of the placement in a special reformative facility – to the administration of a special reformative facility;
13) in respect of the application to minors of other reformative sanctions (with the exception of a warning) – to a probation service; 
14) a judgment staying the execution of the entire imposed sentence – to a probation service;


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15) a judgment imposing a penalty on the convicted person for a grave or serious crime, a criminal act against the civil service and the public interest or a criminal act of corruptive nature – to an executing institution and to the administration of the convicted person’s place of employment whereat he was employed or was holding a position at the time of commission of the criminal act, if the convicted person continues to be employed or hold the position at that place of employment.
5. If a convicted person is imposed under a judgment the penalty of a fine or the penal sanction of a contribution to the Crime Victims Fund or a court has decided to recover from the convicted person the costs of proceedings, and the convicted person or the property against which recovery may be levied is in another Member State of the European Union, the court may, of its own motion or on a submission of the institution executing the penalty/penal sanction, transmit this penalty or the penal sanction or the decision on the recovery of the costs of proceedings for enforcement to the competent authority of the Member State of the European Union. The decision shall be taken in accordance with the procedure laid down in Article 362 of this Code. The rules for the transmission of enforcement of financial penalties imposed by courts of the Republic of Lithuania to other Member States of the European Union shall be approved by the Government of the Republic of Lithuania. 
6. In the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, a court may transmit a judgment in respect of certain types of penalties or other measures for execution to another Member State of the European Union.

Article 343. Measures to ensure care for children of a convicted person
If a person who has been imposed the penalty of arrest or a custodial sentence has children under the age of 18 years who are left without the required care, a court delivering the


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has children under the age of 18 years who are left without the required care, a court delivering the judgment for execution must, unless this has already been done, place them under guardianship or curatorship of family members, close relatives, other persons or institutions and notify the convicted person thereof.

Article 344. Protection of a convicted person’s property
A court delivering a judgment for execution must, unless this has already been done, take measures to preserve a convicted person’s dwelling place and other property. To this end, when delivering the judgment for execution, the court shall concurrently send a written instruction to the executive institution of the municipality of the location of the property and notify the convicted person thereof.

Article 345. Finality and execution of a ruling of a court of first instance


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1. A ruling of a court of first instance shall become final and executable upon the expiry of a time limit for appealing against it, unless appealed against. Where an appeal has been filed against the ruling of the court of first instance but the ruling has not been annulled, it shall become final after the appeal is heard by an appellate court or any other court in accordance with the procedure laid down by law.
2. A ruling of a court of first instance which is not subject to appeal shall become final and executable after its pronouncement.
3. A ruling shall be delivered for execution in accordance with the procedure laid down in Article 342 of this Code.

Article 346. Binding nature of a judgment and a ruling
1. A court judgment and a ruling, once they have become final, shall be binding on all state and municipal institutions and officials, undertakings, agencies and organisations as well as persons and must be executed without any objection and impediment on the entire territory of the Republic of Lithuania.
2. Liability for evading or interfering with the execution of a court judgment or a ruling shall be established by laws of the Republic of Lithuania.
3. The delivery of a judgment for execution shall be supervised by a prosecutor. The prosecutor shall, within his remit, have the right to evoke the file of a criminal case in which a final court judgment is to be executed. 

Article 347. Execution of several non-executed judgments
Where a convicted person has other totally or partially non-executed judgments which were unknown to a court which passed the most recent judgment, the court or any other court of the same level or a higher court must, according to the place of execution of the most recent judgment, take a decision on the procedure for executing the sentences provided for in the totally or partially non-executed judgments.

Article 348. General procedure for executing a judgment


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1. An institution, an agency or an undertaking which received a judgment for execution shall, not later than on the next day, notify thereof a court which delivered the judgment for execution and a prosecutor supervising the delivery of the judgment for execution. 
2. Institutions executing the penalties of arrest and a custodial sentence must notify a court which passed a judgment and the family or close relatives of a convicted person of the place where the sentence is to be served.
3. Having fulfilled the requirements provided for in paragraphs 1 and 2 of this Article, the state institutions executing a judgment shall, in respect of a convicted person, act in compliance with the Penal Code of the Republic of Lithuania and other legal acts governing penalties, penal sanctions and reformative sanctions against minors as well as probation.

Article 349. No longer effective from 5 July 2011.

Article 350. No longer effective from 5 July 2011.

Article 351. Execution of a judgment imposing community service
1. A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure and conditions of serving sentences regarding the penalty of community service imposed as well as his rights and duties.
2. The court may, on a submission of an executing institution, replace the penalty of community service by another penalty or release the convicted person from serving the sentence and impose a penal sanction on him in the cases provided for in Article 46 of the Criminal Code of the Republic of Lithuania.
3. The penalty of community service shall be replaced by another penalty in accordance with the procedure laid down in Article 362 of this Code.

Article 352. Execution of a judgment imposing a fine


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1. A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of voluntary and enforceable serving sentences regarding the penalty imposed, his rights and duties and shall lay down a time limit within which he must voluntarily pay a fine.
2. Where the fine is not paid voluntarily, it shall be enforced by a bailiff under an enforceable document issued by the court which passed the judgment.
3. The court may replace the fine by another penalty in the cases provided for in Article 47 of the Criminal Code of the Republic of Lithuania.
4. The fine shall be replaced by another penalty in accordance with the procedure laid down in Article 362 of this Code.

Article 353. Execution of a judgment imposing restriction of liberty


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1. A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding the penalty of restriction of liberty imposed upon him as well as his rights and duties.
2. The court shall replace the penalty of restriction of liberty by another penalty or shall modify the conditions of serving it in the cases provided for in Article 48 of the Criminal Code of the Republic of Lithuania.
3. The penalty of restriction of liberty shall be replaced or the conditions of serving it shall be modified in accordance with the procedure laid down in Article 362 of this Code. 

Article 354. Execution of a judgment imposing arrest
A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding the penalty of arrest imposed upon him as well as his rights and duties. 

Article 355. Execution of a judgment imposing a fixed-term custodial sentence
A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding a fixed-term custodial sentence imposed upon him as well as his rights and duties.

Article 356. Execution of a judgment imposing a life custodial sentence
A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding a life custodial sentence imposed on him as well as his rights and duties.

Article 357. Execution of a judgment imposing a penal sanction


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1. A court which pronounced a judgment imposing also a penal sanction shall, without delay, instruct a convicted person as to the content and duration of the penal sanction imposed, the procedure for and conditions of its enforcement, the rights and duties of the convicted person.
2. A court which pronounced a judgment shall make public the fact of deprivation of public rights in respect of a convicted person on a special website after the judgment becomes final.
3. If prohibition to exercise a special right or deprivation of the right to be employed in a certain position or to engage in a certain type of activities or deprivation of public rights or the obligation to notify of a change of the place of residence or departure therefrom has been imposed together with the penalty of a custodial sentence or arrest, the enforcement of these penal sanctions shall commence when the convicted person has served his sentence or is conditionally released from a correctional facility. The administration of the correctional facility shall, not later than within three working days, send a notification of the release of the convicted person from the correctional facility, prohibition to exercise a special right or deprivation of the right to be employed in a certain position or to engage in a certain type of activities, or deprivation of public rights, or the obligation to notify an executing institution of a change of the place of residence or departure therefrom. 
4. If the stay of execution of a sentence or conditional release from a correctional facility is lifted and a convicted person is referred to the correctional facility, the enforcement of the penal sanctions of prohibition to exercise a special right or deprivation of the right to be employed in a certain position or to engage in a certain type of activities or deprivation of public rights or imposition of the obligation to notify about a change of the place of residence or departure therefrom shall be stayed until the emergence of the grounds for the enforcement of these penal sanctions as specified in paragraph 3 of this Article. 
5. An employer, a state or municipal institution, agency or undertaking,


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this Article. 
5. An employer, a state or municipal institution, agency or undertaking, a non-governmental organisation shall, not later than on the next working day following the receipt of a transcript of a court judgment and acting in accordance with the procedure laid down by laws of the Republic of Lithuania, terminate an employment contract with a convicted person or dismiss him from the civil service if the convicted person is employed in or holds a position prohibited by the court judgment or revoke an authorisation issued to the convicted person to engage in a certain type of activities and shall, not later than within two working days, notify thereof the court which passed the judgment and the institution enforcing deprivation of the right to be employed in a certain position or to engage in a certain type of activities. A person who has fulfilled the penal sanction of deprivation of the right to engage in a certain type of activities shall be issued an authorisation to engage in a certain type of activities in accordance with the general procedure laid down by laws of the Republic of Lithuania.
6. If a penal sanction imposed by a judgment is confiscation of property or extended confiscation of property, in the cases when the confiscated property has been seized and is at the disposal of a state institution or the ownership rights to this property have been restricted, a court which passed the judgment shall send a transcript of the judgment and transcripts of the documents of the confiscated property to an institution which conducted a pre-trial investigation, and the latter shall resolve the issue of transferring the confiscated property for realisation or destruction. In the cases when the rights of ownership to the property to be confiscated have not been restricted in the course of the pre-trial investigation or when, in the case specified in Article 72(5) of the Criminal Code of the Republic of Lithuania, the court decides to recover a sum of money equivalent to the value of the property to be confiscated, the court which passed the judgment shall send the transcript of the judgment, transcripts of the documents of the


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the court which passed the judgment shall send the transcript of the judgment, transcripts of the documents of the confiscated property and an enforceable document to a bailiff of the place of execution of the judgment. The bailiff shall enforce confiscation of the property and recovery of the sums of money in accordance with the procedure laid down by the Code of Civil Procedure of the Republic of Lithuania. 
7. No longer effective from 1 January 2020.
8. In the cases provided for in Article 74 of the Criminal Code of the Republic of Lithuania, a court may replace one penal sanction by another one in accordance with the procedure laid down in Article 362 of this Code in respect of the convicted persons who have been imposed the penal sanction of compensation for or elimination of material damage or unpaid reformative work or a contribution to the Crime Victims Fund.

Article 358. Execution of a judgment staying the execution of a sentence in respect of a convicted person


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1. A court which pronounced a judgment shall, without delay, instruct a convicted person in respect whereof the execution of a sentence has been stayed as to the procedure for and conditions of execution of the judgment as well as his rights and duties.
2. If the execution of the sentence has been stayed in part, the stay shall commence when the convicted person has served the part of the sentence specified in the judgment. The administration of a correctional facility shall, not later than within three working days from the release of the convicted person from the correctional facility, send the court judgment with an ordinance to a probation service.
3. For a convicted person for whom the execution of a sentence has been stayed in accordance with Article 75 or 92 of the Criminal Code of the Republic of Lithuania, the conditions of the stay of execution of the sentence shall be modified or the stay of execution of the sentence shall be lifted and the convicted person shall be referred to serve the imposed sentence, with the exception of the case referred to in Article 1641 of the Penal Code of the Republic of Lithuania, by a district court of the convicted person’s place of residence on a submission of a probation service.
4. In the case referred to in Article 1641 of the Penal Code of the Republic of Lithuania, the stay of execution of a sentence imposed on a convicted person shall be lifted by a district court of the place where the sentence is to be served on a submission of a correctional facility.
5. Upon receipt of a submission of a correctional facility or a probation service referred to in Article 1641 of the Penal Code of the Republic of Lithuania or in Article 30(2) of the Law of the Republic of Lithuania on Probation, a court shall take a decision thereon not later than within three working days from the receipt of the submission.
6. A court shall consider the issues referred to in paragraphs 3, 4 and 5 of this Article at a court hearing. This hearing shall be


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to in paragraphs 3, 4 and 5 of this Article at a court hearing. This hearing shall be attended by a prosecutor and the representative of the institution which made the submission. A convicted person or his legal representative and his defence counsel shall be summoned to the court hearing, however failure of these persons to appear shall not have suspensory effect on the consideration of the issue.
7. The hearing of a case shall commence with a report of a judge. The court shall subsequently hear the persons who have appeared for the court hearing.
8. The court shall modify the conditions of the stay of execution of a sentence imposed on the convicted person or lift the stay of execution of the sentence and shall refer the convicted person to serve the sentence by a reasoned ruling. A transcript of the ruling shall be sent to a court of first instance which heard the case. 

Article 359. Release of a convicted person from serving a sentence on grounds of illness


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1. In the cases provided for in Article 76 of the Criminal Code of the Republic of Lithuania, a convicted person shall be released from serving a sentence by a court on a submission of an executing institution and based on a conclusion of a medical commission.
2. The submission to release the convicted person from serving the sentence on grounds of illness shall be considered at a court hearing in accordance with the procedure laid down in Article 362 of this Code.
3. If the person begins to suffer from a mental illness and it may be necessary to apply to him compulsory medical measures, the submission shall be considered in accordance with the procedure laid down in Articles 402 and 403 of this Code.

Article 360. Conditional release from correctional facilities


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1. In the cases provided for in the Penal Code of the Republic of Lithuania, issues regarding decisions of the Commission for Conditional Release from Correctional Facilities shall be considered and resolved by a ruling of a district court of the place where a sentence is to be served under the written procedure. Parties to proceedings shall not be summoned to a court hearing.
2. When considering the issue regarding the validation of a decision of the Commission for Conditional Release from Correctional Facilities to apply to a convicted person conditional release from a correctional facility, the court shall notify the convicted person and a prosecutor of the fixed date of consideration of the issue. Having assessed whether the conclusions set out in the decision of the Commission for Conditional Release on Parole from Correctional Facilities are in conformity with the factual circumstances and whether the conditions of conditional release from a correctional facility as laid down in the Penal Code of the Republic of Lithuania have been correctly applied, the court shall issue a reasoned ruling to validate or not to validate this decision. If there is an appeal regarding the decision of the Commission for Conditional Release from Correctional Facilities to apply to the convicted person conditional release from the correctional facility, the court shall consider this issue and resolve it together with the appeal.
3. When hearing the appeal against the decision of the Commission for Conditional Release from Correctional Facilities, the court shall, within three working days from the receipt of the appeal, notify the convicted person and the prosecutor of the received appeal and the right to submit a statement of defence within 14 days from the dispatch of the notification as well as of the fixed date of consideration of the issue. At the request of the court, an executing institution shall provide the person’s case file at least five days prior to the consideration of the issue in court.
4. Having heard the appeal against the decision of the Commission for Conditional Release from Correctional Facilities, the court shall issue one of the following rulings:


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1) to dismiss the appeal;
2) to uphold the appeal and to apply to the convicted person conditional release from the correctional facility – when considering the issue of a decision of the Commission for Conditional Release from Correctional Facilities not to apply to the convicted person conditional release from the correctional facility;
3) to uphold the appeal and to amend the decision of the Commission for Conditional Release from Correctional Facilities – when considering an issue not listed in point 2 of this paragraph.
5. No longer effective from 1 July 2020. 
6. No longer effective from 1 July 2020.
7. Transcripts of the court rulings referred to in this Article shall be sent to the convicted person and the prosecutor not later than on the next working day after the issue of the rulings. The rulings shall be appealed against and the appeals shall be heard in accordance with the procedure laid down in Article 364 of this Code. 
8. For a convicted person who has been conditionally released from the correctional facility in accordance with Article 157 of the Penal Code of the Republic of Lithuania, the conditions of probation shall be modified or conditional release from a correctional facility shall be revoked and the convicted person shall be referred to serve the remainder of a custodial sentence imposed by a judgment by a district court of the convicted person’s place of residence on a submission of a probation service in accordance with the procedure laid down in Article 362 of this Code.
9. Upon receipt of the submission of the probation service referred to in Article 30(2) of the Law of the Republic of Lithuania on Probation, the court shall take a decision thereon not later than within three working days from the receipt of the submission.

Article 3601. Procedure for replacing a life custodial sentence by a fixed-term custodial sentence


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1. In the case referred to in Article 51(2) of the Criminal Code of the Republic of Lithuania, the issue of replacement of a life custodial sentence imposed on a convicted person by a fixed-term custodial sentence shall be considered and resolved by a reasoned ruling of a judicial panel of three judges of a district court of the place where the sentence is to be served on a submission of an executing institution. When considering the issue of replacement of a life custodial sentence by a fixed-term custodial sentence, a prosecutor and the representative of the executing institution shall participate in a court hearing. The convicted person and, at the request of the convicted person, his defence counsel, a victim or his representative shall be summoned to appear for this court hearing, however, failure of these persons to appear for the court hearing shall not have suspensory effect on the consideration of the issue, unless the court rules that their presence is necessary.
2. In the case referred to in paragraph 1 of 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.
3. Transcripts of a court ruling shall, not later than on the next working day following the issue of the ruling, be sent to the prosecutor, the executing institution, the convicted person, his defence counsel, the victim or his representative.
4. The prosecutor, the convicted person or his defence counsel, the victim or his representative shall have the right to appeal against the 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. 

Article 361. Elimination of doubts and ambiguities emerging in the course of execution of a judgment


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1. In the course of execution of a judgment, a court shall have the right to resolve doubts emerging from the judgment, unless the resolution thereof changes the substance of the judgment.
2. A court shall have the right to take the following decisions: to lift a supervision measure in cases where a judgment of acquittal or a judgment imposing a conviction on an accused person and releasing him from serving a sentence does not indicate that the supervision measure is lifted; to lift measures to secure a civil claim, confiscation of property or extended confiscation of property, unless these measures have been lifted by a judgment of acquittal or a judgment dismissing the claim or not imposing confiscation of property; to include pre-trial detention in the term of a sentence if pre-trial detention is not included or is not included accurately in a court judgment; to include a sentence served in the cases when the sentence has been imposed on the basis of several judgments and if the sentence served is not included or is not included accurately in a court judgment; regarding material evidence if the issue thereof is not resolved in a court judgment; regarding the determination of the amount of costs of proceedings and the allocation thereof if these issues are not resolved in a court judgment; regarding children of a convicted person left without his care and their placement under guardianship or curatorship of close relatives, other persons or institutions if these issues are not resolved by the court in a judgment; regarding specification of employment or engagement in activities if a judgment imposing the penal sanction of deprivation of the right to be employed in a certain position or to engage in a certain type of activities does not specify such employment or activities; regarding correction of the misspelled forename, surname or other biographical data of a convicted person as entered in a judgment, as well as correction of spelling and arithmetic errors and other inaccuracies. 
3. A court may eliminate the ambiguities which have emerged since the passing of a judgment if the circumstances existing prior to its execution have


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which have emerged since the passing of a judgment if the circumstances existing prior to its execution have changed. The court may take decisions regarding: confiscation of additionally found property which was acquired by a convicted person prior to the passing of the judgment and is subject to confiscation under law; the adjustment of a list of objects and articles subject to confiscation pursuant to the court judgment if the judgment provides for confiscation of a part of the property belonging to the convicted person, as well as regarding other ambiguities.
4. A court shall consider and resolve doubts and ambiguities emerging in the course of execution of a judgment in accordance with the procedure laid down in Article 362 of this Code.

Article 362. Procedure for resolving the issues related to the execution of a judgment


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1. Issues regarding the release of a convicted person from serving a sentence on grounds of illness in accordance with Article 359 of this Code, the replacement of community service by another penalty or, upon the release from the penalty of community service, the imposition of a penal sanction in lieu of this penalty in accordance with Article 351 of this Code, the conditions of serving sentences regarding the penalty of restriction of liberty or the replacement of this penalty by another penalty in accordance with Article 353 of this Code, the replacement of one penal sanction by another penal sanction in accordance with Article 357 of this Code shall be considered and decided by a ruling by a district court of the place where the convicted person’s sentence is to be served. A court hearing may, and where a submission or a request has been submitted on the grounds aggravating the position of the convicted person a court hearing must, be held in order to resolve these issues. Where the issue of release of the convicted person from serving a sentence on grounds of illness in accordance with Article 359 of this Code is considered at the court hearing, a representative of a medical commission which has presented a conclusion on the state of health of the convicted person and a prosecutor shall participate in the court hearing, and in all other cases – the representative of an executing institution and a prosecutor. Where necessary, the court may, and where a submission or a request has been submitted on the grounds aggravating the position of the convicted person the court must, summon also the convicted person, however his failure to appear shall not have suspensory effect on the resolution of the issue. 
2. Issues regarding the replacement of a fine for a convicted person by another penalty shall be considered and resolved by a ruling of a court which passed a judgment in accordance with Article 352 of this Code. Issues regarding the conditional release of the convicted person from a correctional facility shall be considered and resolved by a ruling of a district court of the place where a sentence is to be served in accordance with Article


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a ruling of a district court of the place where a sentence is to be served in accordance with Article 360(8) of this Code. A court hearing attended by the representative of an executing institution may, and where a submission or a request has been submitted on the grounds aggravating the position of a convicted person a court hearing must, be held in order to resolve the issues referred to in this paragraph. The court shall summon to the hearing the convicted person, a prosecutor and a defence counsel, however, failure of these persons to appear shall not have suspensory effect on the resolution of the issue.
3. Issues regarding fines, compensation for or elimination of property damage, contributions to the Crime Victims Fund, execution of confiscation of property and of extended confiscation of property or transfer of the recovery of costs of proceedings to the competent authority of a Member State of the European Union shall be considered and resolved in accordance with Article 342 of this Code by a ruling of the court which passed a judgment. A court hearing may be held to resolve these issues. Where necessary, the court shall summon to the court hearing 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.
4. Issues regarding the doubts and uncertainties arising in the course of execution of a judgment in accordance with Article 361 of this Code as well as issues provided for in the Penal Code of the Republic of Lithuania shall be considered and resolved by a ruling of the court which passed the judgment. The issues referred to in the Law of the Republic of Lithuania on Probation shall be considered and resolved by a ruling of a district court of a convicted person’s place of residence. A court hearing may be held to resolve the issues referred to in this paragraph. Where necessary, the court shall summon to the court hearing a prosecutor, a defence counsel and other parties to the proceedings, however, failure of these persons to


