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SPECIAL PART

 

CHAPTER XV

CRIMES AGAINST HUMANITY AND WAR CRIMES

 

Article 99. Genocide

A person who, seeking to physically destroy, in whole or in part, the persons belonging to any national, ethnic, racial, religious, social or political group, organises, is in charge of or participates in their killing, torturing, causing bodily harm to them, hindering their mental development, their deportation or otherwise inflicting on them the conditions of life bringing about the death of all or a part of them, restricts the birth of the persons belonging to those groups or forcibly transfers their children to other groups

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

 

Article 100. Treatment of Persons Prohibited under International Law

A person who intentionally, by carrying out or supporting the policy of the State or an organisation to attack civilians on a large scale or in a systematic way, conducts their killing or causes serious impairment to their health; inflicts on them such conditions of life as bring about their death; enslaves persons; commits deportation or forced transfer of the population; unlawfully imprisons or otherwise restricts the physical freedom of persons in violation of the norms of international law; tortures persons; rapes or sexually coerces persons, involves them in sexual slavery or forces them to engage in prostitution; unlawfully deprives a forcibly inseminated woman of liberty with a view to altering the ethnic composition of the population or in committing another violation of the norms of international law; forcibly sterilises persons or carries out other sexual coercion actions of a similar character; persecutes any group or community of persons for political, racial, national, ethnic, cultural, religious, sexual or other reasons prohibited under international law; detains, arrests, abducts or otherwise deprives them of liberty, where such a deprivation of liberty is not recognised, or fails to report the fate or whereabouts of the persons; carries out the policy of apartheid

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

 

Article 1001. Enforced Disappearance

A person who, while acting as an agent of the State or as a person or a group of persons acting with the authorisation, support or acquiescence of the State, detains, abducts a person or otherwise deprives him of liberty, followed by a refusal to acknowledge such a detention, abduction or deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person,

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


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Article 1002. Separation of Children

A person who unlawfully separates children while being aware that these children, parents or guardians thereof are victims of the criminal acts provided for in Article 1001 of this Code

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

 

Article 101. Killing of Persons Protected under International Humanitarian Law

A person who, in time of war or during an armed conflict or an aggression, occupation or annexation, orders, incites or organises the killing of or kills the persons protected under international humanitarian law

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

 

Article 102. Deportation or Transfer of Civilians

A person who, during an armed conflict or under the conditions of aggression, occupation or annexation, incites or organises deportation or carries out deportation of the civilian population from an occupied or annexed territory to the territory of an occupying or annexing country or of a third country; orders, incites or organises the transfer or forced removal or transfers or forcibly removes the civilian population of the occupied or annexed state in the territory of that state in violation of norms of international law; orders, incites or organises the transfer or transfers the civilian population of the occupying state to the territory of the occupied country

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


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Article 103. Causing Bodily Harm to, Torture or Other Inhuman Treatment of Persons Protected under International Humanitarian Law or Violation of Protection of Their Property

1. A person who, in time of war or during an armed conflict or an aggression, occupation or annexation, orders, incites or organises inhuman treatment or subjects to inhuman treatment the persons protected under international humanitarian law: inflicts a serious bodily harm to or an illness upon or tortures them; conducts a biological or medical experiment with them, unlawfully takes their organ or tissue for transplanting purposes, unlawfully takes their blood or subjects them to other inhuman treatment; takes them hostage; imposes upon them criminal penalties without a judgment of an independent and impartial court or without guarantees of defence in court; applies collective punishment; rapes or sexually coerces persons, involves them in sexual slavery or forces them to engage in prostitution; forcibly sterilises or inseminates them; utilises means of intimidation and terror; unlawfully restricts or deprives them of liberty; separates children from their parents or guardians; threatens death by starvation; unlawfully seizes, confiscates the property of civilians or conducts mass expropriation thereof for purposes other than military necessity; degrades their dignity in an abusive manner; coerces to adopt another religion; commits an outrage on the remains of the fallen

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

2. A person who commits the act provided for in paragraph 1 of this Article by resorting to deceit shall be punished by a custodial sentence for a term of seven up to fifteen years.

 

Article 104. Repealed as of 31 March 2011.

 

Article 105. Forcible Use of Civilians or Prisoners of War in the Armed Forces of the Enemy

1. A person who, in time of war, during an armed conflict, aggression, occupation or annexation and in violation of international humanitarian law, forces civilians or prisoners of war to serve in the armed forces of their enemy, uses them as a human shield in a military operation, conscripts or recruits children under the age of 18 years into the armed forces or uses them in a military operation

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

2. A person who conscripts or recruits children under the age of 18 years into military service in the military groups not belonging to the armed forces of the State or uses them in a military operation

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


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Article 106. Destruction of Protected Objects, Plunder, Destruction of or Causing Damage to National Valuable Properties

A person who issues an order not justifiable by military necessity to destroy or destroys the historic monuments, objects of culture, art, education, upbringing, science or religion protected by treaties or national legal acts, uses such objects or their environment for military actions, plunders or appropriates national valuable properties in an occupied or annexed territory or destroys or causes damage to them by acts of vandalism and causes extensive damage

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

 

Article 107. Delay in Repatriation of Prisoners of War

A person who, after the signing of a peace treaty or cessasion of hostilities, unjustifiably delays the release or repatriation of prisoners of war

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

 

Article 108. Delay in Release of Interned Civilians or Impeding Repatriation of Other Civilians

A person who, after cessation of hostilities, unjustifiably delays the release of interned civilians or does not permit other civilians to repatriate to their Homeland from the territory of an armed conflict, where they so wish

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

 

Article 109. Unlawful Use of the Emblem of the Red Cross, Red Crescent, Red Crystal and the United Nations Organization or Another Emblem (Sign) or Designation Protected under International Humanitarian Law

A person who unlawfully uses the emblem of the Red Cross, Red Crescent, Red Crystal, the United Nations Organization or another emblem (sign) or designation protected under international humanitarian law during an armed conflict

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

 

Article 110. Aggression

Any person who causes an aggression against another state or is in command thereof

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


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Article 111. Prohibited Military Attack

1. A person who orders to carry out or carries out a military attack prohibited under international humanitarian law against civilians, medical or civil defence personnel, a military or civilian hospital, a first-aid post, a vehicle carrying wounded or sick persons, the personnel of the International Red Cross Committee or a National Red Cross or Red Crescent Society, a military attack against an undefended settlement or a demilitarised zone, a military attack against a protected cultural valuable property, a military attack without selecting a specific target and being aware that it could result in civilian casualties or destruction of a civilian object, or a military attack against the combatants who had clearly withdrawn from the battle and had given up resistance or other persons

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

2. A person who orders to carry out or carries out a military attack contravening international humanitarian law against a target posing a considerable danger to the environment and people, such as a nuclear plant, a dam, a facility for the storage of toxic substances or another object, while being aware that it could cause grave consequences, or a military attack using weapons of mass destruction

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

 

Article 112. Use of Prohibited Means of Warfare

A person who, in violation of treaties to which the Republic of Lithuania is party or universally accepted international practices regarding means of warfare or methods of warfare, orders the use of or uses in hostilities prohibited means of warfare or methods of warfare

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

 

Article 113. Marauding

A person who orders the plundering of or plunders property on the battlefield from the fallen or the wounded

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

 

Article 1131. Negligent Performance of the Commander’s Duties

A person who is negligent in performing the commander’s duties, which results in commitment of a criminal act provided for by this Chapter by the persons subordinate to him de jure or de facto,

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

 

CHAPTER XVI

CRIMES AGAINST THE INDEPENDENCE, TERRITORIAL INTEGRITY AND CONSTITUTIONAL ORDER OF THE STATE OF LITHUANIA


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Article 114. Coup d’Etat

1. A person who organises or participates in a conspiracy to carry out a coup d’etat, or participates in a coup d'etat

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

2. A person who, in the course of committing an act provided for in paragraph 1 of this Article, uses armed force or where his act causes serious consequences

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

3. A person who participates in a coup d’etat provided for in paragraphs 1 and 2 shall be released from criminal liability where he voluntarily provides to a state institution a significant information about the coup d’etat being prepared.

 

Article 115. Attempt on the Life of the President of the Republic of Lithuania

A person who makes an attempt on the life of the President of the Republic of Lithuania

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

 

Article 116. Attempt on the Life of a Representative of Another State or International Public Organisation

A person who makes an attempt on the life of a representative of another state or international public organisation officially present in the Republic of Lithuania

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

 

Article 117. Treason

A citizen of the Republic of Lithuania who, in time of war or following declaration of a state of war, allies with the enemy or assists the enemy in carrying out activities against the State of Lithuania

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

 

Article 118. Assistance to Another State in Carrying out Activities Hostile to the Republic of Lithuania

A person who assists another state or organisation thereof in carrying out activities hostile to the Republic of Lithuania – its constitutional order, sovereignty, territorial integrity, defence or economic power

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


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Article 119. Espionage

1. A person who, for the purpose of communicating it to a foreign state or organisation thereof, seizes, purchases or otherwise collects the information constituting a state secret of the Republic of Lithuania or communicates this information to a foreign state, organisation thereof or their representative

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

2. A person who, in performing an assignment of another state or organisation thereof, seizes, purchases or otherwise collects or communicates the information constituting a state secret of the Republic of Lithuania or another information of interest to the intelligence of a foreign state

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

 

Article 120. Collaboration

A citizen of the Republic of' Lithuania who, under the conditions of occupation or annexation, aids bodies of the illegitimate government to consolidate the occupation or annexation, suppress the resistance of the Lithuanian population or otherwise assists the illegitimate government in carrying out activities against the Republic of Lithuania

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

 

Article 121. Creation of Anti-constitutional Groups or Organisations and Participation in Activities Thereof

A person who created organisations or armed groups with the aim of unlawfully altering the constitutional system of the State of Lithuania, making an attempt against its independence, infringing upon territorial integrity or who participated in the activities of such organisations or groups

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

 

Article 122. Public Incitement to Infringe upon the Sovereignty of the Republic of Lithuania by Using Violence

A person who publicly incites infringement upon the sovereignty of the Republic of Lithuania by using violence – altering of its constitutional order, overthrowing of the legitimate government, making an attempt against its independence or infringement upon territorial integrity, formation of armed groups for these purposes or commission of other crimes provided for in this Chapter and having the aim of threatening the State of Lithuania

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

 

Article 123. Abuse of Authority

A person who, while authorised to represent the Republic of Lithuania in relations with another state or an organisation of another state or an international public organisation, abuses his authority or deliberately fails to perform his duties or performs them inappropriately and thus commits an act contravening the interests of the Republic of Lithuania, which incurs or could have incurred major damage,

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


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Article 1231. Violation of International Sanctions

1. A person who violates the international sanctions implemented in the Republic of Lithuania and thus causes major damage to interests of the Republic of Lithuania

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

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

 

Article 124. Unlawful Possession of the Information Constituting a State Secret

A person who unlawfully acquires or conveys the information constituting a state secret of the Republic of Lithuania or unlawfully holds in possession the material items whose content or information thereon constitutes a state secret of the Republic of Lithuania, in the absence of signs of espionage,

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

 

Article 125. Disclosure of a State Secret

1. A person who discloses the information constituting a state secret of the Republic of Lithuania, where this information was entrusted to him or he gained access thereto through his service, work or in the course of performance of public functions, but in the absence of signs of espionage,

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

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

 

Article 126. Loss of a State Secret

1. A person who destroys, damages or loses a document, article or another material item entrusted to him through his service, work or in the course of performance of public functions whose content or information thereon constitutes a state secret of the Republic of Lithuania

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

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

 

Article 127. Desecration of State Symbols

A person who publicly tears down, tatters, breaks, destroys, soils or otherwise desecrates the state flag or state emblem of the Republic of Lithuania or publicly ridicules the national anthem of Lithuania

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


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Article 128. Desecration of Symbols of a Foreign State, the European Union or an International Public Organisation

A person who tears down, tatters, breaks, destroys, soils or otherwise desecrates an officially displayed state emblem or flag of a foreign state, the flag of the European Union or an international public organisation

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

 

CHAPTER XVII

CRIMES AGAINST HUMAN LIFE

 

Article 129. Murder

1. A person who murders another person

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

2. A person who murders

1) to a young child;

2) to a person in a helpless state;

3) to his close relative or family member;

4) to a pregnant woman;

5) to two or more persons;

6) by torturing or in another particularly cruel manner;

7) in a manner endangering other persons’ lives;

8) by reason of disorderly conduct;

9) for mercenary reasons;

10) by reason of performance of official or citizen’s duties by the victim;

11) in order to conceal another crime;

12) in order to acquire the victim’s organ, tissue or cells;

13) in order to express hatred towards a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views

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

 

Article 130. Murder in a State of Passion

A person who murders a person in a state of sudden passion due to the victim’s conduct which is unlawful or particularly offensive in respect of him or a person close tom him

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

 

Article 131. Infanticide

A mother who kills her new-born child in a state resulting after giving birth to the child

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


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Article 132. Negligent Homicide

1. A person who commits a homicide through negligence

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

2. A person who commits a homicide of two or more through negligence

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

3. A person who commits the act provided for in paragraph 1 or 2 of this Article in violation of the special conduct security rules as specified by legal acts

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

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

 

Article 133. Abetting a Suicide or Procuring a Suicide

A person who abets a person to commit a suicide or procures the person’s suicide by a cruel or deceitful conduct

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

 

Article 134. Aiding a Suicide

A person who, at the request of a terminally ill person, aids his suicide

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

 

CHAPTER XVIII

CRIMES AGAINST HUMAN HEALTH


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CHAPTER XVIII

CRIMES AGAINST HUMAN HEALTH

 

Article 135. Severe Health Impairment

1. A person who causes bodily harm or an illness to a person resulting in the victim’s loss of eyesight, hearing, ability to speak, ability to reproduce, pregnancy or other serious mutilation, contracting of a terminal illness or a long-lasting illness posing a threat to his life or seriously affecting his mental health or in the loss of a considerable part of professional or general capacity for work or in a permanent disfigurement of the victim’s body

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

2. A person who causes a serious bodily injury or illness

1) to a young child;

2) to a person in a helpless state;

3) to his close relative or family member;

4) to a pregnant woman;

5) to two or more persons;

6) by torturing or in another particularly cruel manner;

7) in a manner endangering other persons’ lives;

8) by reason of disorderly conduct;

9) for mercenary reasons;

10) by reason of performance of official or citizen’s duties by the victim;

11) in order to conceal another crime;

12) in order to acquire the victim’s organ, tissue or cells;

13) in order to express hatred towards a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views

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

 

Article 136. Severe Health Impairment Caused in a State of Passion

A person who causes a serious bodily harm to a person in a state of sudden passion due to the victim’s conduct which is unlawful or particularly offensive in respect of him or a person close to him

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


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Article 137. Severe Health Impairment Caused Through Negligence

1. A person who causes a serious bodily harm or illness to a person through negligence

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

2. A person who causes a serious bodily harm or illness to two or more persons through negligence

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

3. A person who commits the act provided for in paragraph 1 or 2 of this Article in violation of the special conduct security rules as specified by legal acts

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

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

 

Article 138. Non-Severe Health Impairment

1. A person who causes bodily harm or an illness to a person resulting in the victim’s loss of a small part of his professional or general capacity for work or in a long-lasting illness, but without developing the after-effects indicated in Article 135(1) of this Code

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

2. A person who causes a bodily harm or illness which is not serious

1) to a young child;

2) to a person in a helpless state;

3) to his close relative or family member;

4) to a pregnant woman;

5) to two or more persons;

6) by torturing or in another particularly cruel manner;

7) in a manner endangering other persons’ lives;

8) by reason of disorderly conduct;

9) for mercenary reasons;

10) by reason of performance of official or citizen’s duties by the victim;

11) in order to conceal another crime;

12) in order to acquire the victim’s organ, tissue or cells;

13) in order to express hatred towards a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views

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


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Article 139. Non-Severe Health Impairment Through Negligence

1. A person who causes bodily harm or an illness to a person through negligence resulting in the victim’s loss of a small part of his professional or general capacity for work or in a long-lasting illness, but without developing the after-effects indicated in Article 135(1) of this Code

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

2. A person who causes a bodily harm or illness which is not serious to two or more persons through negligence

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

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

 

Article 140. Causing Physical Pain or a Negligible Health Impairment

1. A person who, by beating or other violent actions, causes to a person physical pain or a negligible bodily harm or a short-term illness

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

2. A person who commits the act indicated in paragraph 1 of this Article in respect of his close relative or family member

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

3. A person who commits the act indicated in paragraph 1 of this Article in respect of a young child or by torturing the victim

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

4. A person shall be held liable for the act provided for in paragraph 1 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request or when the pre-trial investigation is initiated upon establishing signs of domestic violence.

 

Article 141. Interpretation of Concepts

Characteristics of the cases of health impairment provided for in Articles 135, 138 and 140 of this Chapter shall be defined by the rules for determining the extent of health impairment as approved by the Government of the Republic of Lithuania or an institution authorised by it.

 

Chapter XIX

CRIMES ENDANGERING HUMAN HEALTH AND LIFE


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Chapter XIX

CRIMES ENDANGERING HUMAN HEALTH AND LIFE

 

Article 142. Illegal Abortion

1. A doctor who has the right to perform abortions and performs an abortion at the request of a patient, in the presence of contraindications or in the event of performing it not at a health care establishment

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

2. A health care specialist who does not have the right to perform abortions and performs an abortion at a health care establishment at the request of a patient

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

3. A person who does not have the right to perform abortions and terminates pregnancy at the request of a pregnant woman

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

 

Article 143. Compelling a Woman to Have an Illegal Abortion

A person who compels a pregnant woman to have an illegal abortion by exerting a mental coercion on the victim or persons close to her

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

 

Article 144. Leaving a Person in a Life-Threatening Situation Without Providing Assistance

A person who, having raised a threat or while having the duty to take care of the victim, fails to provide assistance to him in a situation posing a threat to this person’s life, although he was in a position to provide him with assistance

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


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Article 145. Threatening to Murder or Cause a Severe Health Impairment to a Person or Terrorisation of a Person

1. A person who threatens to murder a person or cause a severe health impairment to him, where there is a sufficient basis for believing that the threat may be fulfilled

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

2. Any person who terrorises a person by threatening to blow him up, to set him on fire or to commit another act dangerous to his life, health or property or who systematically intimidates the person by using mental coercion

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

3. A person shall be held liable for the acts provided for in paragraphs 1 and 2 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request or when the pre-trial investigation is initiated upon establishing signs of domestic violence.

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

 

CHAPTER XX

CRIMES AGAINST HUMAN LIBERTY

 

Article 146. Unlawful Deprivation of Liberty

1. A person who unlawfully deprives a person of his liberty, in the absence of characteristics of hostage taking,

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

2. A person who commits the act provided for in paragraph 1 of this Article by using violence or posing a threat to the victim’s life or health or by holding the victim in captivity for a period exceeding 48 hours

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

3. A person who unlawfully deprives a person of his liberty by committing him to a psychiatric hospital for reasons other than an illness

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


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Article 147. Trafficking in Human Beings

1. A person who sells, buys or otherwise transfers or acquires, recruits, transports or holds a person captive by physical violence or threats, or by otherwise depriving him of the possibility to resist or by using the victim's dependence or vulnerability, or by using deceit, or by taking or paying money, or by receiving or providing other benefits to a person who actually controls the victim, provided that the offender was aware or sought that the victim, whether he agreed or not, would be exploited under the conditions of slavery or under the conditions similar to slavery for prostitution, pornography or other forms of sexual exploitation, forced marriage or marriage of convenience, forced labour or services, including begging, commission of a criminal act or for other exploitation purposes,

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

2. A person who commits the act provided for in paragraph 1 of this Article against two or more victims or by endangering the victim's life, or by participating in an organised group, or being aware or seeking that the victim's organ, tissue or cells would be taken, or being a civil servant or a person performing the functions of public administration and exercising his mandate

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

3. The victim of the act provided for in this Article may be released from criminal liability for the criminal act which he was directly forced to commit as a result of the act provided for in this Article and committed against him.

4. A legal entity shall also be held liable for an act provided for in paragraphs 1 and 2 of this Article.

 

Article 1471. Exploitation for Forced Labour or Services

1. A person who, through the use of physical violence, threats, deception or other means listed in Article 147 of this Code, unlawfully forces another person to perform certain work or to provide certain services, including begging,

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

2. A person who commits the act indicated in paragraph 1 of this Article by forcing another person to perform work or to provide services under the conditions of slavery or under other inhuman conditions

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

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


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Article 1472. Use of a Person’s Forced Labour or Services

1. A person who uses another person's work or services, including prostitution, while being aware or being obliged and likely to be aware that the person performs this work or provides these services as a result of using against him, for exploitation purposes, physical violence, threats, deception or other means listed in Article 147 of the Code,

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

2. A person who commits an act provided for in this Article shall be released from criminal liability if he, prior to his declaration as the suspect, voluntarily notifies thereof a law enforcement institution and actively cooperates in identifying the victim of trafficking in human beings (Article 147) or purchase or sale of a child (Article 157) and detecting any of these criminal acts.

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

 

Article 148. Restriction of Freedom of a Person’s Actions

1. A person who demands that another person carry out unlawful actions or refrain from performing lawful actions or otherwise behave according to instructions of the offender by using mental coercion in respect of the victim or persons close to him

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

2. A person shall be held liable for the act provided for in paragraph 1 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at a prosecutor’s request or when a pre-trial investigation is opened upon establishing signs of domestic violence.

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

 

CHAPTER XXI

CRIMES AND MISDEMEANOURS AGAINST FREEDOM OF A PERSON’S SEXUAL SELF-DETERMINATTON AND INVIOLABILITY


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Article 149. Rape

1. A person who has sexual intercourse with a person against his will by using physical violence or threatening the immediate use thereof or by otherwise depriving of a possibility of resistance or by taking advantage of the helpless state of the victim

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

2. A person who rapes another person with a group of accomplices

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

3. A person who rapes a minor

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

4. A person who raped a young child

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

5. A person shall be held liable for the act provided for in paragraph 1 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at a prosecutor’s request or when a pre-trial investigation is opened upon establishing signs of domestic violence.

6. A legal entity shall also be held liable for an act provided for in paragraphs 3 and 4 of this Article.

 

Article 150. Sexual Assault

1. A person who, against a person’s will, satisfies his sexual desires through anal, oral or interfemoral intercourse by using physical violence or by threatening the immediate use thereof or by otherwise depriving the victim of a possibility of resistance or by taking advantage of the helpless state of the victim

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

2. A person who carries out the actions provided for in paragraph 1 of this Article together with a group of accomplices

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

3. A person who carries out the actions provided for in paragraph 1 of this Article in respect of a minor

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

4. A person who carries out the actions provided for in paragraph 1 of this Article in respect of a young child

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

5. A person shall be held liable for the act provided for in paragraph 1 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request or when the pre-trial investigation is initiated upon establishing signs of domestic violence.

6. A legal entity shall also be held liable for an act provided for in paragraphs 3 and 4 of this Article.


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Article 151. Sexual Abuse

1. A person who, by threatening to resort to violence, using other mental coercion or by taking advantage of a person’s dependency, compels the person to have sexual intercourse with or otherwise satisfy sexual desires of the offender or a third person

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

2. A person who carries out the actions provided for in paragraph 1 of this Article in respect of a minor

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

3. A person shall be held liable for the act provided for in paragraph 1 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at a prosecutor’s request or when a pre-trial investigation is opened upon establishing signs of domestic violence.

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

 

Article 1511. Satisfaction of Sexual Desires by Violating a Minor’s Freedom of Sexual Self-Determination and/or Inviolability

1. An adult person who has a sexual relationship or otherwise satisfies his sexual desires with a person under the age of sixteen years, in the absence of signs of raping, sexual abuse or coercing into a sexual act,

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

2. A person who has sexual intercourse or otherwise satisfied his sexual desires with a minor upon offering, promising to provide or upon providing to him or to another person in consideration money or a consideration of another form, in the absence of characteristics of a rape, sexual assault or sexual abuse,

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

3. A father, mother, guardian, custodian or another lawful representative of a child or a person holding statutory powers in respect of a minor who has sexual intercourse or otherwise satisfied his sexual desires with that minor, in the absence of characteristics of a rape, sexual assault or sexual abuse,

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

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

5. The actions indicated in paragraph 1 of this Article shall not be considered a crime if there is no significant age, mental and physical maturity difference between participants in the actions.


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Article 152. Sexual Harassment

1. A person who, in seeking sexual contact or satisfaction, harasses a person subordinate to him in office or otherwise by vulgar or comparable actions or by making offers or hints shall be considered to have committed a misdemeanour and

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

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

 

Article 1521. Grooming of a Person under the Age of Sixteen Years

1. An adult person who proposes a person under the age of sixteen years to meet for the purpose of having a sexual relationship/intercourse or otherwise satisfying his sexual desires or exploiting him for the production of pornographic material, provided that following this proposal he undertakes specific actions for the meeting to take place,

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

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

 

Article 153. Sexual Molestation of a Person under the Age of Sixteen Years

1. A person who carries out sexual molestation actions in respect of a person under the age of sixteen years

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

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

 

CHAPTER XXII

CRIMES AND MISDEMEANOURS AGAINST

DIGNITY AND HONOUR

 

Article 154. Libel

1. A person who spreads false information about another person that could arouse contempt for this person or humiliate him or undermine trust in him

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

2. A person who libels a person accusing him of commission of a serious or grave crime or in the media or in a publication

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

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

 

Article 155. Repealed as of 10 July 2015.

 

CHAPTER XXIII

CRIMES AND MISDEMEANOURS AGAINST A CHILD AND A FAMILY


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CHAPTER XXIII

CRIMES AND MISDEMEANOURS AGAINST A CHILD AND A FAMILY

 

Article 156. Abduction of a Child or Exchange of Children

1. A person who abducts another person’s young child or exchanges infants

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

2. A father, mother or a close relative who abducts their own or their relatives’ young child from a children’s establishment or from a person with whom the child lawfully resides

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

 

Article 157. Purchase or Sale of a Child

1. A person who proposes to purchase or otherwise acquire, sells, purchases, otherwise transfers, acquires, recruits, transports or holds captive a child while being aware or seeking that, regardless of the child's consent, he would be unlawfully adopted, exploited under the conditions of slavery or under the conditions similar to slavery for prostitution, pornography, other forms of sexual exploitation, forced marriage or marriage of convenience, forced labour or services, including begging, commission of a criminal act or for other exploitation purposes

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

2. A person who commits the act provided for in paragraph 1 of this Article against two or more children or a young child or by endangering the victim’s life, or by participating in an organised group, or being aware or seeking that the victim’s organ, tissue or cells would be taken, or being a civil servant or a person performing the functions of public administration and exercising his mandate

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

3. The victim of the act provided for in this Article may be released from criminal liability for the criminal act which he was directly forced to commit as a result of the act provided for in this Article and committed against him.

4. A legal entity shall also be held liable for an act provided for in paragraphs 1 and 2 of this Article.

 

Article 158. Desertion of a Child

A father, mother or a guardian or another lawful representative of a child who deserts a young child being unable to look after himself thus leaving him without due care, with the intent to abandon him,

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


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Article 159. Involvement of a Child in a Criminal Act

A person who, by persuading, requesting, paying, threatening, deceiving or otherwise, involves a child in a criminal act

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

 

Article 160. Involvement of a Child in the Use of Medicine or Other Intoxicating Means or the Substances Indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances

A person who involves a child in the use of medicine or other non-narcotic intoxicating means or the substances indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances for purposes other than medical treatment

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

 

Article 161. Involvement of a Child in Abuse of Alcohol

1. A person who involves a child in abuse of alcohol

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

2. A person who intoxicates a child with alcohol shall be considered to have committed a misdemeanour and

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

 

Article 162. Exploitation of a Child for Pornography

1. A person who recruits, forces to participate or involves a child in pornographic events or exploits the child for such purposes or exploits the child for the production of pornographic material or gains profit from such activities of the child

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

2. A person who takes part in a pornographic event wherein a child is involved

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

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

 

Article 163. Abuse of the Rights or Duties of Parents, a Guardian or Custodian or Other Legal Representatives of a Child

A person who abuses the rights of a father, mother, guardian or custodian or other legal representatives of a child by physically or mentally harassing a child, leaving him for long periods without care or by maltreating him in a similar cruel manner

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


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Article 164. Evasion of a Child’s Maintenance

A person who evades his duty as established by a decision of a court to maintain a child, pay for the maintenance of the child or provide another required support to the child

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

 

CHAPTER XXIV

CRIMES AGAINST INVIOLABILITY OF A PERSON’S PRIVATE LIFE

 

Article 165. Unlawful Violation of Inviolability of a Person’s Dwelling

1. A person who unlawfully, in a secret or open manner by resorting to deceit or violence or otherwise against the will of an owner or the persons authorised by him, intrudes into another person’s residential house, apartment or other residential premises or fixtures thereof, including the dwelling’s guarded territory,

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

2. A person shall be held liable for the act provided for in this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request or when the pre-trial investigation is initiated upon establishing signs of domestic violence.

 

Article 166. Violation of Inviolability of a Person’s Correspondence

1. A person who unlawfully intercepts a postal item or postal parcel sent by post or via a provider of courier services or unlawfully intercepts, records or observes a person’s messages transmitted by electronic communications networks or unlawfully records, wiretaps or observes a person’s conversations transmitted by electronic communications networks or otherwise violates inviolability of a person’s correspondence

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

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

 

Article 167. Unlawful Collection of Information about a Person’s Private Life

1. A person who unlawfully collects information about a person’s private life

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

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


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Article 168. Unauthorised Disclosure or Use of Information about a Person’s Private Life

1. A person who, without another person’s consent, makes public, uses for his own benefit or for the benefit of another person information about the private life of another person, where he gains access to that information through his service or profession or in the course of performance of a temporary assignment or he collects it through the commission of an act provided for in Articles 165-167 of this Code,

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

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

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

 

CHAPTER XXV

CRIMES AND MISDEMEANOURS

AGAINST A PERSON’S EQUAL RIGHTS AND FREEDOM OF CONSCIENCE

 

Article 169. Discrimination on Grounds of Nationality, Race, Sex, Descent, Religion or Belonging to Other Groups

A person who carries out the actions aimed at hindering, on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views, a group of persons or a person belonging thereto to participate on a par with other persons in political, economic, social, cultural, labour or other activities or at restricting the rights and freedoms of such a group of persons or of the person belonging thereto

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


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Article 170. Incitement against Any National, Racial, Ethnic, Religious or Other Group of Persons

1. A person who, for the purposes of distribution, produces, acquires, sends, transports or stores the items ridiculing, expressing contempt for, urging hatred of or inciting discrimination against a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views or inciting violence, a physical violent treatment of such a group of persons or the person belonging thereto or distributes them

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

2. A person who publicly ridicules, expresses contempt for, urges hatred of or incites discrimination against a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views

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

3. A person who publicly incites violence or a physical violent treatment of a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views or finances or otherwise supports such activities

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

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

 

Article 1701. Creation and Activities of the Groups and Organisations Aiming at Discriminating a Group of Persons or Inciting against It

1. A person who creates a group of accomplices or an organised group or organisation aiming at discriminating a group of persons on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views or inciting against it or participates in the activities of such a group or organisation or finances or otherwise supports such a group or organisation

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

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


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Article 1702. Public Condonation of International Crimes, Crimes Committed by the USSR or Nazi Germany against the Republic of Lithuania or Inhabitants Thereof, Denial or Gross Trivialisation of the Crimes

1. A person who publicly condones the crimes of genocide or other crimes against humanity or war crimes recognised under legal acts of the Republic of Lithuania or the European Union or effective judgements passed by courts of the Republic of Lithuania or international courts, denies or grossly trivialises them, where this is accomplished in a manner which is threatening, abusive or insulting or which disturbs the public order, also a person who publicly condones the aggression perpetrated by the USSR or Nazi Germany against the Republic of Lithuania, the crimes of genocide or other crimes against humanity or war crimes committed by the USSR or Nazi Germany in the territory of the Republic of Lithuania or against the inhabitants of the Republic of Lithuania or other grave or serious crimes committed during 1990-1991 against the Republic of Lithuania by the persons perpetrating or participating in perpetration of the aggression against the Republic of Lithuania or grave crimes against the inhabitants of the Republic of Lithuania, denies or grossly trivialises them, where this is accomplished in a manner which is threatening, abusive or insulting or which disturbs the public order,

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

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

 

Article 171. Disturbance of Religious Ceremonies or Religious Celebrations

A person who, through the use of taboo words, carrying out of defiant actions, making threats, taunting or other indecent actions, disrupted the services or other ceremonies or celebrations held by a religious community or society recognised by the State shall be considered to have committed a misdemeanour and

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

 

CHAPTER XXVI

CRIMES AGAINST PERSONS’ VOTING RIGHTS AND THE PROCEDURE OF ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, ELECTIONS TO THE SEIMAS, THE EUROPEAN PARLIAMENT AND MUNICIPAL COUNCILS OR THE PROCEDURE FOR CONDUCTING REFERENDUMS


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Article 172. Hindering the Exercise of the Right of Elections or Referendums

1. A person who, using mental coercion or bribery or deception, hinders a person to exercise his right to elect, to be elected or to participate in a referendum or organises such hindering to exercise the right to elect, to be elected or to participate in the referendum

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

2. A person who commits the act provided for in paragraph 1 of this Article, where it results in the annulment of elections or a referendum,

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

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

 

Article 173. Forgery of an Election or Referendum Document or Use of a Forged Election or Referendum Document

1. A person who, for the purpose of influencing the results of elections or a referendum, forges a voters’ list, a list of the citizens having the right to participate in the referendum, a vote counting record, an election or referendum ballot, produces a large number of false election or referendum ballots or uses a forged or false election or referendum document or organises the forgery, production or use of such documents

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

2. A person who commits the act provided for in paragraph 1 of this Article, where it results in the annulment of elections or a referendum,

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

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

 

Article 174. Incorrect Counting of Election Votes

1. A person who, for the purpose of influencing the results of elections or a referendum, incorrectly counts and records election votes or votes of the citizens participating in the referendum or organises the incorrect counting or recording of the votes

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

2. A person who commits the act provided for in paragraph 1 of this Article, where it results in the annulment of elections or a referendum,

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

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


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Article 175. Destruction, Spoiling, Seizure or Concealment of an Election or Referendum Document

1. A person who destroys, spoils, seizes or conceals a list of voters or the citizens having the right to participate in a referendum, an election or referendum ballot or a vote counting record, where this results in the annulment of the elections or the referendum or significantly influences the results of the elections or the referendum or organises the destruction, spoiling, seizure or concealing of these documents

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

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

 

CHAPTER XXVII

CRIMES AND MISDEMEANOURS AGAINST A PERSON’S SOCIAL RIGHTS

 

Article 176. Violation of Requirements of Safety and Health Protection at Work

1. An employer or a person authorised by him who violates the requirements of safety or health protection at work as stipulated in the Law on Safety and Health at Work or other legal acts, where this results in an accident at work, a breakdown or causes other serious consequences,

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

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

 

Article 177. Hindering the Activities of Trade Unions

A person who hinders the lawful activities of a trade union or a member thereof shall be considered to have committed a misdemeanour and

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

 

CHAPTER XXVIII

CRIMES AND MISDEMEANOURS AGAINST PROPERTY, PROPERTY RIGHTS AND PROPERTY INTERESTS


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Article 178. Theft

1. A person who seizes another’s property

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

2. A person who openly seizes another person’s property or seizes another person’s property by intruding into a room, a communications cable duct system, storage facility or guarded area or seizes another person’s property in a public place from the person’s clothing, bag or another item (pickpocketing) or a vehicle or seizes a property comprising the infrastructure of legal persons of strategic or considerable importance to national security or a part thereof

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

3. A person who seizes another’s property of a high value or the valuables of a considerable scientific, historical or cultural significance or seizes another’s property by participating in an organised group

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

4. A person who seizes another’s property of a low value shall be considered to have committed a misdemeanour and

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

5. A person shall be held liable for the acts provided for in paragraphs 1 and 4 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request.


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Article 179. Unlawful Use of Energy and Communications Services

1. A person who uses heat, gas, water, telecommunications or other items having an economic value by unlawfully connecting to energy supply or a communications network or a storage facility, by distorting meter readings or by other unlawful means and thereby incurs property damage to another person

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

2. A person who commits the act indicated in paragraph 1 of this Article and thereby incurs major property damage to another person

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

3. A person who commits the act indicated in paragraph 1 of this Article and thereby incurs minor property damage to another person shall be considered to have committed a misdemeanour and

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

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

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

 

Article 180. Robbery

1. A person who, through the use of physical violence or by threatening the immediate use thereof or by otherwise depriving of a possibility of resistance or by taking advantage of the helpless state of the victim, seizes another’s property

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

2. A person who commits the robbery by breaking into premises or using a weapon other than a firearm, a knife or another item specially designed to injure a person

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

3. A person who commits a robbery by using a firearm or an explosive or, having committed a robbery, seizes a property of a high value or the valuables of a considerable scientific, historical or cultural significance or commits the robbery by participating in an organised group

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


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Article 181. Extortion of Property

1. A person who, without a lawful ground therefor, openly or secretly for own benefit or for the benefit of other persons demands property from another person, asks to grant a property right or to release from a property obligation or to carry out other property related actions or to refrain from such actions by threatening to use physical violence against the victim or another person, to damage or destroy his property, to publish a compromising or other information whose disclosure is undesired or through the use of other mental coercion

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

2. A person who, when extorting property, uses physical violence, deprives a person of his liberty, destroys or damages his property or otherwise incurs major property damage thereto

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

3. A person who extorts a property of a high value or the valuables of a considerable scientific, historical or cultural significance or extorts property by participating in an organised group

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

 

Article 182. Swindling

1. A person who, by deceit, acquires another’s property for own benefit or for the benefit of other persons or acquires a property right, avoids a property obligation or annuls it

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

2. A person who, by deceit and for own benefit or for the benefit of other persons, acquires another’s property of a high value or a property right or the valuables of a considerable scientific, historical or cultural significance or avoids a property obligation of a high value or annuls it or swindles by participating in an organised group

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

3. A person who, by deceit and for own benefit or for the benefit of other persons, acquires another’s property of a low value or acquires a property right, avoids a property obligation of a low value or annuls it shall be considered to have committed a misdemeanour and

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

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

5. Legal entities shall also be held liable for the acts provided for in paragraphs 1 and 2 of this Article.


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Article 1821. Manipulation of Sports Competitions

1. A person who unlawfully affects the fair progress or outcome of a professional sports competition

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

2. A person who commits an act provided for in paragraph 1 of this Article shall be released from criminal liability if he, prior to his declaration as suspect, voluntarily notifies thereof a law enforcement institution and actively cooperates in detecting this criminal act.

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

 

Article 183. Misappropriation of Property

1. A person who misappropriates another’s property or property right entrusted to him or held at his disposal

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

2. A person who misappropriates another’s property or property right of a high value entrusted to him or held at his disposal or the valuables of a considerable scientific, historical or cultural significance

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

3. A person who misappropriates another’s property or property right of a low value entrusted to him or held at his disposal shall be considered to have committed a misdemeanour and

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

4. Legal entities shall also be held liable for the acts provided for in paragraphs 1 and 2 of this Article.

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


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Article 184. Squandering of Property

1. A person who squanders another’s property or property right entrusted to him or held at his disposal

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

2. A person who squanders another’s property or property right of a high value entrusted to him or held at his disposal or the valuables of a considerable scientific, historical or cultural significance

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

3. A person who squanders another’s property or property right of a low value entrusted to him or held at his disposal shall be considered to have committed a misdemeanour and

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

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

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

6. A legal entity shall also be held liable for an act provided for in paragraphs 1 and 2 of this Article.

 

Article 185. Misappropriation of a Found Item

A person who misappropriates a found treasure, the valuables of a considerable scientific, historical or cultural significance, another found item of a high value or another’s property of a high value coming into his possession by chance

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

 

Article 186. Causing Property Damage by Deceit

1. A person who, by deceit, evades settlement for the works received, the goods delivered, the services rendered or obligatory payments and thereby incurs major property damage to another person

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

2. A person who, by deceit, incurs minor property damage to another person shall be considered to have committed a misdemeanour and

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

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

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


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Article 187. Destruction of or Damage to Property

1. A person who destroys or damages another’s property

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

2. A person who destroys or damages another’s property in a generally dangerous manner or by taking apart or damaging an installation or assembled units, where this could have caused harm to people, or destroys, dismantles or damages a property comprising the infrastructure of legal persons of strategic or considerable importance to national security or a part thereof, or destroys or damages another’s property of a high value or the valuables of a considerable scientific, historical, or cultural significance

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

 

3. A person who destroys or damages another’s property of a low value shall be considered to have committed a misdemeanour and

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

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

 

Article 188. Destruction of or Damage to Property through Negligence

1. A person who destroys or damages through negligence another’s property and incurs major property damage to the victim or destroys or damages the valuables of a considerable scientific, historical or cultural significance

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

2. A person who commits the act provided for in paragraph 1 of this Article in violation of the special conduct security rules as specified by legal acts

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

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

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


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Article 189. Acquisition or Handling of Property Obtained by Criminal Means

1. A person who acquires, uses or handles property while being aware that the property has been obtained by criminal means

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

2. A person who acquires, uses or handles property of a high value or the valuables of a considerable scientific, historical or cultural significance while being aware that the property or the valuable properties have been obtained by criminal means

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

3. A person who acquires, uses or handles property of a low value while being aware that the property has been obtained by criminal means shall be considered to have committed a misdemeanour and

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

4. A legal entity shall also be held liable for an act provided for in paragraphs 1 and 2 of this Article.

 

Article 1891. Unjust Enrichment

1. A person who holds by the right of ownership the property whose value exceeds 500 MSLs, while being aware or being obliged and likely to be aware that such property could not have been acquired with legitimate income,

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

2. A person who takes over the property referred to in paragraph 1 of this Article from third parties shall be released from criminal liability for unjust enrichment where he gives a notice thereof to law enforcement institutions before the service of a notice of suspicion and actively cooperates in determining the origin of the property.

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

 

Article 190. Interpretation of the Value of Property

1. The property provided for in this Chapter shall be considered to be of a considerable value where the value thereof exceeds the amount of 250 MSLs and of a low value where the value thereof exceeds the amount of 3 MSL, but does not exceed the amount of 5 MSLs.

2. The legitimate income referred to in Article 1891 of this Chapter shall be income derived from activities not prohibited by legal acts, irrespective of whether or not it has been accounted for in accordance with the procedure laid down by legal acts.

 

CHAPTER XXIX

CRIMES AGAINST INTELLECTUAL  AND INDUSTRIAL PROPERTY


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CHAPTER XXIX

CRIMES AGAINST INTELLECTUAL  AND INDUSTRIAL PROPERTY

 

Article 191. Misappropriation of Authorship

1. A person who publishes or publicly announces as his own a literary, scientific or artistic work (including computer software and databases) or a part thereof created by another person

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

2. A person who, by taking advantage of his official position or by resorting to mental coercion, forces the author of a literary, scientific or artistic work (including computer software and databases) or a part thereof to acknowledge another person as the co-author or successor to author’s rights or to renounce the right of authorship

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

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

 

Article 192. Unlawful Reproduction of a Literary, Scientific or Artistic Work or an Object of Related Rights, Distribution, Transportation or Storage of Illegal Copies Thereof

1. A person who unlawfully reproduces a literary, scientific or artistic work (including computer software and databases) or an object of related rights or a part thereof for commercial purposes or distributes, transports or stores for commercial purposes illegal copies thereof, where the total value of the copies exceeds, according to the prices of legal copies or, in the absence thereof, according to the prices of originals of the reproduced works, the amount of 100 MSLs,

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

2. A person who commits the act indicated in paragraph 1 of this Article, where the total value of the illegal copies exceeds, according to the prices of legal copies or, in the absence thereof, according to the prices of originals of the reproduced works, the amount of 250 MSLs,

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

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


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Article 193. Destruction or Alteration of Information about Management of Author’s Rights or Related Rights

1. A person who, without authorisation of the entity of author’s rights or related rights and for commercial purposes, destroys or alters information about management of author’s rights or related rights, where this information helps to identify a work, the author of the work, another entity of author’s rights or the performer, performance of the work, a phonogram, the producer of the phonogram, another entity of related rights, also information about the terms and conditions of and procedure for using the work, performance thereof or the phonogram, including all figures or codes communicating the information indicated in copies of the work, performance record or the phonogram or presented at the time of their publication

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

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

 

Article 194. Unlawful Removal of Technical Protection Means of Author’s Rights or Related Rights

1. A person who unlawfully removes any technical protection means used by entities of author’s rights or related rights for the exercise or protection of their rights or produces, imports, exports, stores, transports or distributes for commercial purposes the devices providing a possibility to remove the technical protection means (decoders, decoding cards or other devices) or a software, passwords, codes or other similar data

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

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

 

Article 195. Violation of Industrial Property Rights

1. A person who violates the exclusive rights of a patent owner or a design owner or the right of a legal entity to the legal entity’s name

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

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

 

CHAPTER XXX

CRIMES AGAINST SECURITY OF ELECTRONIC DATA AND INFORMATION SYSTEMS


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CHAPTER XXX

CRIMES AGAINST SECURITY OF ELECTRONIC DATA AND INFORMATION SYSTEMS

 

Article 196. Illegal Data Interference

1. A person who unlawfully destroys, damages, removes or modifies computer data or a technical equipment, software or otherwise restricts the use of such data thereby incurring damage

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

2. A person who commits the act provided for in paragraph 1 of this Article in respect of the computer data of a number of information systems or the electronic data of an information system of strategic importance for national security or of considerable importance for state governance, the economy or the financial system or by making use of other person’s personal data or thereby incurring major damage

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

3. A person who commits the act provided for in this Article thereby incurring minor damage shall be considered to have committed a misdemeanour and

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

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

 

Article 197. Illegal System Interference

1. A person who unlawfully hinders or interrupts the functioning of an information system thereby incurring damage

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

2. A person who commits the act provided for in paragraph 1 of this Article in respect of the computer data of a number of information systems or an information system of strategic importance for national security or of considerable importance for state governance, the economy or the financial system or by making use of other person’s personal data or thereby incurring major damage

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

3. A person who commits the act provided for in this Article thereby incurring minor damage shall be considered to have committed a misdemeanour and

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

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


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Article 198. Unlawful Interception and Use of Electronic Data

1. A person who unlawfully observes, records, intercepts, acquires, stores, appropriates, distributes or otherwise uses the electronic data which may not be made public

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

2. A person who unlawfully observes, records, intercepts, acquires, stores, appropriates, distributes or otherwise uses the electronic data which may not be made public and which are of strategic importance for national security or of major importance for state government, the economy or the financial system

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

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

 

Article 1981. Unauthorised Access to an Information System

1. Authorised access to the whole or any part of an information system by damaging the protection means of the information system

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

2. Unauthorised access to the whole or any part of an information system of strategic importance for national security or of considerable importance for state governance, the economy or the financial system

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

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

 

Article 1982. Unlawful Disposal of Installations, Software, Passwords, Login Codes, Codes and Other Data

1. A person who, for criminal purposes or by other unlawful means, produces, transports, imports, sells, provides access to or otherwise distributes, acquires or stores the installations or software directly intended or adapted for the commission of criminal acts, also passwords, login codes, codes or other similar data intended for connection to the whole or to any part of an information system

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

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

 

CHAPTER XXXI

CRIMES AND MISDEMEANOURS AGAINST THE ECONOMY AND BUSINESS ORDER


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CHAPTER XXXI

CRIMES AND MISDEMEANOURS AGAINST THE ECONOMY AND BUSINESS ORDER

 

Article 199. Smuggling

1. A person who, when transporting across the state border of the Republic of Lithuania the items which must be declared at the customs and whose value exceeds the amount of 250 MSLs, fails to go through the customs control or otherwise avoids this control or transports across the state border of the Republic of Lithuania, without an authorisation, movable cultural properties or antiques

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

2. A person who, without going through the customs control or otherwise avoiding it or without an authorisation, transports across the state border of the Republic of Lithuania the substances indicated in the Law of the Republic of Lithuania on Control of Certain Doping Substances

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

3. A person who, without going through the customs control or otherwise avoiding it or without an authorisation, transports across the state border of the Republic of Lithuania firearms, ammunition, explosives, explosive, radioactive materials or other strategic goods, toxic, highly active, narcotic or psychotropic substances or precursors of narcotic or psychotropic substances

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

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

 

Article 1991. Deceit of the Customs

1. A person who brings into the Republic of Lithuania from a Member State of the European Union the items which must be declared at the customs and whose value exceeds the amount of 250 MSLs and fails to go through the customs control of the Republic of Lithuania or another Member State of the European Union or otherwise avoids this control

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

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

 

Article 1992. Unlawful Possession of the Goods Subject to Excise Duties

1. A person who, in violation of the established procedure, acquires, stores, transports, forwards, uses or handles the goods subject to excise duties whose value exceeds the amount of 250 MSLs

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

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


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Article 200. Unlawful Failure to Bring Goods or Products outside the Republic of Lithuania

1. A person who unlawfully fails to bring beyond the state border of the Republic of Lithuania the goods or products whose value exceeds the amount of 250 MSLs and which ought to have been brought outside the Republic of Lithuania according to transit or export documents

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

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

 

Article 201. Unlawful Production, Storage, Transportation or Handling of Strong Home-Made Alcoholic Beverages, Non-denatured or Denatured Ethyl Alcohol, Dilutions/Mixtures Thereof and Equipment for Production Thereof

1. A person who, for the purposes of handling, unlawfully produces, stores, transports strong home-made alcoholic beverages, non-denatured or denatured ethyl alcohol, dilutions/mixtures thereof or handles them or produces, stores, transports or handles equipment for the production of strong home-made alcoholic beverages

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

2. A person who, for the purposes of handling, unlawfully produces, stores, transports fifty or more litres of strong home-made alcoholic beverages, non-denatured or denatured ethyl alcohol, dilutions/mixtures thereof or handles them

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

3. A person who, for the purpose other than handling, unlawfully produces, stores, transports ten or more litres of strong home-made alcoholic beverages or non-denatured or denatured ethyl alcohol, dilutions/mixtures thereof shall be considered to have committed a misdemeanour and

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

 

Article 202. Unauthorised Engagement in Economic, Commercial, Financial or Professional Activities

1. A person who undertakes economic, commercial, financial or professional activities in the form of a business or on a large scale without holding a licence/authorisation to engage in the activities for which it is required or by other unlawful means

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

2. A person who engages in prohibited economic, commercial, financial or professional activities

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

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


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Article 203. Unlawful Activities of a Legal Entity

1. A person who, on a large scale, engages in the activities not provided for in the founding documents of a public legal entity

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

2. A person who establishes or is in charge of a legal entity used as a cover for unlawful activities

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

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

 

Article 204. Use of Another’s Trademark or Service Mark

1. A person who, without holding an authorisation, identifies a large quantity of goods with another’s trademark or presents them for handling or makes use of another’s service mark and thereby incurs major damage

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

2. A person who, without holding an authorisation, identifies a small quantity of goods with another’s trademark or presents them for handling or makes use of another’s service mark and thereby incurs damage shall be considered to have committed a misdemeanour and

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

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

 

Article 205. Misleading Declaration about the Activities of a Legal Entity

1. A person who, on behalf of a legal entity, presents in an official report or in an application misleading data concerning the activities or assets of the legal entity and thereby misleads a government institution, international public organisation, creditor, member of the legal entity or another person who suffers major property damage as a result thereof

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

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


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Article 206. Use of a Credit, Loan or Targeted Support Not in Accordance with Its Purpose or the Established Procedure

1. A person who, upon obtaining a credit, loan or targeted support in the amount of 150 MSLs or more, uses it not in accordance with its purpose or the established procedure

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

2. A person who, upon obtaining a credit or loan, uses it not in accordance with its purpose or the established procedure and fails to repay it within the established time limit thereby incurring major property damage to the creditor, guarantor or another person

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

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

 

Article 207. Credit Fraud

1. A person who, by deceit, obtains a credit, loan, subsidy, warranty or bank guarantee statement or another credit obligation

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

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

 

Article 208. Dishonesty of a Debtor

1. A person who, owing to a difficult economic situation or insolvency, when facing obvious bankruptcy and being unable to meet all creditors’ claims, meets claims of only one or several of them or secures claims of one or several creditors and thereby incurs property damage to the remaining creditors

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

2. A person who, owing to a difficult economic situation or insolvency, when facing obvious bankruptcy, conceals, squanders, conveys, transfers abroad or sells his property at an unjustifiably low price, while it could have been utilised to repay debts, and thereby incurs property damage to creditors

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

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

 

Article 209. Criminal Bankruptcy

A person who brings an undertaking to bankruptcy by deliberate mismanagement and thereby incurs major property damage to creditors

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


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Article 210. Commercial Espionage

A person who unlawfully acquires the information considered to be a commercial secret or communicates this information to another person

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

 

Article 211. Disclosure of a Commercial Secret

A person who discloses the information considered to be a commercial secret which was entrusted to him or which he accessed through his service or work, where this act incurs major property damage to the victim,

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

 

Article 212. Interpretation of Concepts

1. In this Chapter, the indicated major property damage shall be a damage exceeding the amount of 150 MSLs.

2. The value of the items/goods indicated in Articles 199, 1991, 1992 and 200 of this Chapter shall be calculated according to their customs value, including the taxes to be paid.

3. The strong home-made alcoholic beverages indicated in Article 201 of this Chapter shall be the alcoholic beverages whose ethyl alcohol strength by volume exceeds 18%.

4. The legal entities indicated in this Chapter shall be any legal entities, with the exception of the State, a municipality, a state and municipal institution and agency as well as an international public organisation.

 

CHAPTER XXXII

CRIMES AND MISDEMEANOURS AGAINST THE FINANCIAL SYSTEM


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CHAPTER XXXII

CRIMES AND MISDEMEANOURS AGAINST THE FINANCIAL SYSTEM

 

Article 213. Production, Storage or Handling of Counterfeit Currency or Securities

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

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

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

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

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

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

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

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

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


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

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

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

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

 

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

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

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

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


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Article 216. Laundering of Property as Proceeds from Crime

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

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

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

 

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

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

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

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


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Article 218. Market Manipulation in Financial Instruments

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

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

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

 

Article 219. Failure to Pay Taxes

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

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

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

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

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

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

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


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

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

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

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

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

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

 

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

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

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

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

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

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

 

Article 222. Fraudulent Management of Accounts

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

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

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


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Article 223. Negligent Management of Accounts

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

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

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

 

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

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

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

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

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

 

Article 2241. Interpretation of Concepts

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

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

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

 

CHAPTER XXXIII

CRIMES AND MISDEMEANOURS AGAINST CIVIL SERVICE AND PUBLIC INTEREST


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CHAPTER XXXIII

CRIMES AND MISDEMEANOURS AGAINST CIVIL SERVICE AND PUBLIC INTEREST

 

Article 225. Bribery

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

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

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

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

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

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

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

shall be punished by a fine or by arrest.

5. A civil servant or a person equivalent thereto shall be held liable in accordance with this Code for a promise or agreement to accept a bribe or for a demand or provocation to give a bribe or for the acceptance of a bribe both for a specific act or omission in exercising his powers and for exceptional position or favour.

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


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Article 226. Trading in Influence

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

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

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

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

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

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

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

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

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

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


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

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

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

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


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Article 227. Graft

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

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

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

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

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

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

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

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

5. A person who carries out the actions provided for in paragraphs 1, 2, 3, or 4 of this Article shall be held liable in accordance with this Code for seeking, by bribing, both a specific act or omission of a civil servant or a person equivalent to him in exercising his powers, as well as exceptional position or the favour of this person, regardless of how his actions are understood by the civil servant or the person equivalent to him.

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

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


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


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Article 228. Abuse of Office

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

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

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

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

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

 

Article 2281. Unlawful Registration of Rights to an Item

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

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

 

Article 229. Failure to Perform Official Duties

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

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


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Article 230. Interpretation of Concepts

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

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

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

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

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

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

 

CHAPTER XXXIV

CRIMES AND MISDEMEANOURS AGAINST JUSTICE


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CHAPTER XXXIV

CRIMES AND MISDEMEANOURS AGAINST JUSTICE

 

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

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

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

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

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

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

 

Article 232. Contempt of Court

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

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


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

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

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

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

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

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

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

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

 

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

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

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


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Article 235. False Complaint, Statement, Report, Testimony, Conclusions and Translation

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

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

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

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

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

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

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

 

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

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

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

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

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


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Article 237. Concealment of a Crime or the Perpetrator

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

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

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

 

Article 238. Failure to Report a Crime

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

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

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

 

Article 239. Disrupting the Work of a Place of Detention

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

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

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

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

 

Article 240. Freeing a Prisoner

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

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


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Article 241. Escape of a Prisoner

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

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

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

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

 

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

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

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

 

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

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

shall be punished by a fine or by arrest.

 

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

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

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

 

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

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

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


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

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

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

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

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

 

Article 247. Unauthorised Disclosure of Pre-Trial Investigation Data

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

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

 

Article 248. Interpretation of Concepts

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

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

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

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

 

CHAPTER XXXV

CRIMES AGAINST PUBLIC SECURITY


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CHAPTER XXXV

CRIMES AGAINST PUBLIC SECURITY

 

Article 249. Criminal Association

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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


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Article 250. Act of Terrorism

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

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

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

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

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

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

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

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

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

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

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

 

Article 2501. Incitement to Terrorism

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

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

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


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Article 2502. Recruitment for Terrorism

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

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

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

 

Article 2503. Threatening to Commit a Terrorist Crime

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

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

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

 

Article 2504. Financing and Support of Terrorist Activities

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

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

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

 

Article 2505. Terrorist Training and Learning for Terrorist Purposes

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

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

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

 

Article 2506. Travel for terrorist purposes

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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


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Article 2511. Piracy

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

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

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

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

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

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

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

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

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

 

Article 252. Hostage Taking

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

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

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

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

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


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Article 2521. Interpretation of Concepts

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

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

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

 

CHAPTER XXXVI

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

OR MILITARY EQUIPMENT

 

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

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

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

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

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

 

Article 2531. Unlawful Intermediation in the Transfer of Military Equipment

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

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

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


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

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

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

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

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

 

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

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

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

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

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

 

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

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

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

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

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

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

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


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

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

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

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

 

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

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

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

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

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

 

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

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

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

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

 

Article 258. Unlawful Possession of a Non-Firearm

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

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

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

shall be punished by a fine or by arrest.


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CHAPTER XXXVII

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

 

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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


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Article 261. Distribution of Narcotic or Psychotropic Substances among Minors

A person who distributes narcotic or psychotropic substances among minors

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

 

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

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

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

 

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

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

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

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

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

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

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

 

Article 264. Inducing the Use of Narcotic or Psychotropic Substances

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

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

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

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


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Article 265. Illegal Cultivation of Poppies or Hemp

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

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

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

 

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

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

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

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

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

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

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

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

 

Article 267. Unlawful Possession of Highly Active or Toxic Substances

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

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

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

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

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


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Article 2671. Creation or Unlawful Possession of Biological Weapons

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

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

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

 

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

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

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

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

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

 

Article 269. Interpretation of Concepts

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

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

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

 

CHAPTER XXXVIII

CRIMES AND MISDEMEANOURS
AGAINST THE ENVIRONMENT AND HUMAN HEALTH


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

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

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

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

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

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

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

 

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

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

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

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


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Article 2702. Unlawful Transportation of Waste across the State Border

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

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

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

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

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

 

Article 2703. Marine Pollution from Ships

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

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

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

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

 

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

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

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

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

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


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Article 2711. Infringement of Provisions of Legal Acts Regulating Construction

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

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

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

 

Article 272. Unlawful Hunting or Fishing or Other Use of Wild Fauna Resources

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

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

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

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

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

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

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

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

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

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


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Article 273. Unauthorised Forest Logging or Destruction of Marshes

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

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

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

 

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

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

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

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

shall be punished by community service or by a fine.

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

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


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Article 275. Unauthorised Pharmaceutical Activities

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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


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

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

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

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

 

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

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

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

 

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

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

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

 

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

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

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

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

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

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

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


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Article 2771. Interpretation of Concepts

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

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

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

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

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

 

CHAPTER XXXIX

CRIMES AND MISDEMEANOURS
AGAINST TRAFFIC SAFETY

 

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

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

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

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

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

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

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

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

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


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Article 279. Violation of International Flight Regulations

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

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

 

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

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

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

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

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

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

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


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Article 281. Violation of Regulations Governing Road Traffic Safety or Operation of Vehicles

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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


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

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

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

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

 

CHAPTER XL

CRIMES AND MISDEMEANOURS AGAINST PUBLIC ORDER

 

Article 283. Riots

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

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

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

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

 

Article 284. Violation of Public Order

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

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


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

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

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

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

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

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

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

 

CHAPTER XLI

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

 

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

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

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

 

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

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

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

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

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


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

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

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

 

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

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

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

 

Article 290.

Repealed as of 1 April 2016.

 

CHAPTER XLII

CRIMES AND MISDEMEANOURS AGAINST GOVERNMENT ORDER

 

Article 291. Illegal Crossing of the State Border

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

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

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

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


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Article 292. Unlawful Transportation of Persons across the State Border

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

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

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

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

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

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

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

 

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

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

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

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

 

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

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

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

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


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Article 294. Self-Willed Conduct

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

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

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

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

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

 

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

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

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

 

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

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

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

 

Article 297. Disclosure of an Official Secret

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

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

2. The act provided for in this Article shall be considered as criminal also where it is committed through negligence.

 

Article 298. Unlawful Change of a Land Boundary Marking

A person who unlawfully removes, transfers, remakes or erects a land boundary marking or a geodesic, geological or geophysical mark shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by arrest.


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Article 299. Failure to Render Assistance to Ships in the Event of a Collision at Sea

A ship’s captain who fails to render assistance to ships colliding at sea, where assistance could have been rendered without exposing the ship, the crew and passengers to a serious danger,

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

 

CHAPTER XLIII

CRIMES AND MISDEMEANOURS AGAINST GOVERNMENT ORDER RELATING TO FORGERY OF DOCUMENTS OR MEASURING DEVICES

 

Article 300. Forgery of a Document or Possession of a Forged Document

1. A person who produces a false document, forges a genuine document or stores, transports, forwards, uses or handles a document known to be false or a genuine document known to be forged

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who produces a false identity card, passport, driving licence or state social insurance certificate or forges a genuine identity card, passport, driving licence or state social insurance certificate or stores, transports, forwards, uses or handles an identity card, passport, driving licence or state social insurance certificate known to be false or a genuine identity card, passport, driving licence or state social insurance certificate known to be forged

shall be punished by arrest or by a custodial sentence for a term of up to four years.

3. A person who commits the acts provided for in paragraph 1 or 2 of this Article, where this incurs major damage, or produces a large quantity of false identity cards, passports, driving licences or state social insurance certificates or forges a large quantity of genuine identity cards, passports, driving licences or state social insurance certificates or stores, transports, forwards, uses or handles a large quantity of identity cards, passports, driving licences or state social insurance certificates known to be false or genuine identity cards, passports, driving licences or state social insurance certificates known to be forged

shall be punished by a custodial sentence for a term of up to six years.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 301. Forgery of a Seal, Stamp or Form

1. A person who forges a genuine seal, stamp or form or produces a false seal, stamp or special accounting document form of a natural or legal person or uses a seal, stamp or form known to be forged or handles it

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.

2. A person who carries out the actions provided in paragraph 1 of this Article in the form of a business or where these actions interfere with the activities of a natural or legal person or incur major damage to the State or the natural or legal person or who forges or stores a large quantity of counterfeit or forged seals, stamps or special account document forms

shall be punished by arrest or by a custodial sentence for a term of up to five years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 302. Seizure of a Seal, Stamp or Document or Use of the Seized Seal, Stamp or Document

1. A person who seizes or, without having a legal ground therefor, acquires, stores, transports, forwards, uses or handles a seal, stamp, document or special accounting document form

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to six years.

2. A person who commits the acts provided for in paragraph 1 of this Article in the form of a business or seizes or, without having a legal ground therefor, acquires, stores, transports, forwards, uses or handles a large quantity of seals, stamps or special account document forms of a natural or legal person or where this incurs major damage to the State or the natural or legal person

shall be punished by a custodial sentence for a term of up to six years.

3. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 3021. Production, Storage, Transportation, Forwarding or Handling of Equipment for the Forgery of Seals, Stamps, Documents or Special Accounting Document Forms

1. A person who produces, stores, transports, forwards or handles the equipment, software or other means directly intended or adapted for the production of counterfeit seals, stamps, documents or special accounting document forms or for the forgery of genuine seals, stamps, documents or special accounting document forms

shall be punished by arrest or by a custodial sentence for a term of up to five years.

2. A person who commits the acts provided for in paragraph 1 of this Article in the form of a business or where this incurs major damage to the State or a natural or legal person,

shall be punished by a custodial sentence for a term of up to six years.

3. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 303. Destruction, Damaging or Concealment of a Seal, Stamp or Document

1. A person who destroys, damages or conceals a seal, stamp, document or special accounting document form of a natural or legal person, where this incurs major damage,

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 304. Provision of False Information for the Purpose of Acquisition of a Document

1. A person who, for the purpose of obtaining a document or an authentication certificate of a forged document, supplies an authority or an employee thereof with false information shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by arrest.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

Article 305. Release and Use of Measuring Devices without Undergoing State Metrological Control or Alteration of Parameters Thereof

1. A person who releases or uses a measuring device subject to state metrological control without an examination, calibration mark or other recording of the results of control or who alters the parameters of the measuring device after it undergoes state metrological control

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.


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Article 306. Seizure, Forgery or Handling of the Stamp of a Lithuanian State Control Mark or of a Control Mark Provided for in a Treaty to which the Republic of Lithuania is Party or Belonging to a Foreign State or the Use of a Counterfeit Stamp

1. A person who seizes, unlawfully alters, produces, uses or handles the stamp of a Lithuanian state control mark or of a control mark provided for in a treaty to which the Republic of Lithuania is party or belonging to a foreign state

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

Article 3061. Forgery, Unlawful Destruction or Alteration of a Number Plate of a Vehicle

1. A person who forges, unlawfully destroys or replaces the number plate of a vehicle

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

Article 3062. Odometer Fraud

1. A person who commits odometer fraud

shall be punished by a fine or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

CHAPTER XLIV

CRIMES AND MISDEMEANOURS AGAINST MORALITY

 

Article 307. Gaining Profit from Another Person’s Prostitution

1. A person who gains profit from another person’s prostitution or from procuration for prostitution

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to four years.

2. A person who organises or controls prostitution or transports a person with his consent for prostitution to the Republic of Lithuania or from the Republic of Lithuania

shall be punished by a custodial sentence for a term of up to six years.

3. A person who profits from the prostitution of a minor or organises or controls the prostitution of the minor or otherwise exploits the prostitution of the minor

shall be punished by a custodial sentence for a term of three up to ten years.

4. A legal entity shall also be held liable for the acts provided for in this Article.


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Article 308. Involvement in Prostitution

1. A person who involves a person in prostitution

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to three years.

2. A person who involves in prostitution a person dependent on him financially, subordinate in office or otherwise or involves a person in prostitution by using physical or mental coercion or by deceit

shall be punished by a custodial sentence for a term of two up to seven years.

3. A person who recruits, forces to engage in prostitution or, by any other means, involves in prostitution a minor

shall be punished by a custodial sentence for a term of three up to ten years.

4. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 3081. Prohibited Biomedical Research Involving a Human Being or Human Embryo

1. A person who conducted prohibited biomedical research involving a human being or human embryo

shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A legal entity shall also be held liable for the acts provided for in this Article.

 

Article 309. Possession of Pornographic Material

1. A person who, for the purpose of distribution, produces or acquires pornographic material or distributes such material

shall be punished by community service or by a fine or by restriction of liberty or by a custodial sentence for a term of up to one year.

2. A person who produces, acquires, stores, demonstrates, advertises, offers or distributes pornographic material displaying a child or presenting a person as a child or, by means of information and communications technologies and other means, acquires or provides access to pornographic material displaying a child or presenting a person as a child,

shall be punished by a fine or by a custodial sentence for a term of up to four years.

3. A person who, for the purpose of distribution, produces or acquires or distributes a large quantity of pornographic material displaying a young child

shall be punished by a custodial sentence for a term of up to five years.

4. A person who demonstrates or advertises pornographic material shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

5. A legal entity shall also be held liable for the acts provided for in paragraphs 1, 2 and 3 of this Article.


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Article 310. Cruel Treatment of Animals

1. A person who treats an animal with cruelty or tortures him, where this results in the death or mutilation of the animal,

shall be punished by community service or by a fine or by arrest or by a custodial sentence for a term of up to one year.

2. A legal entity shall also be held liable for an act provided for in this Article.

 

CHAPTER XLV

CRIMES AND MISDEMEANOURS AGAINST THE MEMORY OF THE DECEASED

 

Article 311. Desecration of the Remains of the Deceased

1. A person who unlawfully takes the remains of the deceased or a part thereof or ridicules the remains of the deceased or desecrates them

shall be punished by community service or by restriction of liberty or by arrest or by a custodial sentence for a term of up to two years.

2. A person who unlawfully reopens a grave and desecrates the remains of the deceased or ridicules them or takes the articles present there

shall be punished by arrest or by a custodial sentence for a term of up to three years.

 

Article 312. Desecration of a Grave or Another Place of Public Respect

1. A person who destroys or otherwise desecrates a grave or destroys a monument or desecrates another place of public respect

shall be punished by community service or by restriction of liberty or by arrest or by a custodial sentence for a term of up to one year.

2. A person who carries out acts of vandalism in a cemetery or another place of public respect or desecrates a grave or another place of public respect for racist, nationalist or religious reasons

shall be punished by community service or by a fine or by a custodial service for a term of up to three years.

 

Article 313. Contempt for the Memory of the Deceased

1. A person who, with the intent of expressing contempt for the deceased or the persons close to him, disturbs the peace of a funeral shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

2. A person who publicly makes false statements about the deceased, which could arouse contempt for or undermine respect to the memory of the deceased, shall be considered to have committed a misdemeanour and

shall be punished by community service or by a fine or by restriction of liberty or by arrest.

3. A person shall be held liable for the acts provided for in paragraphs 1 and 2 of this Article only under a complaint filed by the victim or a statement by the legal representative thereof or at the prosecutor’s request.


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CHAPTER XLVI

CRIMES AND MISDEMEANOURS AGAINST NATIONAL DEFENCE SERVICE

 

Article 314. Evasion of a Draft into Mandatory Military Service

1. A military conscript who evades a draft into mandatory military service by impairing his health, simulating an illness or a health disorder, forging documents or using other means of deception

shall be punished by arrest or by a custodial sentence for a term of up to three years.

2. A military conscript who evades a draft into mandatory military service, in the absence of the characteristics indicated in paragraph 1 of this Article, shall be considered to have committed a misdemeanour and

shall be punished by a fine or by arrest.

 

Article 315. Evasion of a Draft into Military Service During Martial Law

A military conscript who evades a draft into military service during martial law shall be punished by a custodial sentence for a term of up to five years.

 

Article 316. Evasion of Military Service

1. A serviceman who evades fulfilling of active military service by impairing his health or by simulating an illness, forging documents or using other means of deception

shall be punished by a custodial sentence for a term of up to three years.

2. A person who commits the act provided for in paragraph 1 of this Article during martial law or while performing a military assignment or where this act causes serious consequences

shall be punished by a custodial sentence for a term of four up to eight years.

 

Article 317. Failure to Execute an Order

1. A serviceman who fails to execute a commander’s order or who refuses to execute it or who otherwise fails to comply with the commander’s order

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A person who commits the act provided for in paragraph 1 of this Article during martial law or while performing a military assignment or where this act causes serious consequences

shall be punished by a custodial sentence for a term of two up to six years.

3. A serviceman who fails to execute a clearly unlawful order of a commander shall not be held criminally liable.


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Article 318. Threats or Violence Against a Commander

1. A serviceman who threatens a commander with violence by reason of his military duties

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A serviceman who uses physical violence against a commander by reason of his military duties

shall be punished by a custodial sentence for a term of up to three years.

3. A serviceman who commits the act provided for in paragraphs 1 and 2 of this Article during martial law or while performing a military assignment or where this act causes serious consequences

shall be punished by a custodial sentence for a term of three up to eight years.

 

Article 319. Violent Actions against a Subordinate

1. A commander who, in performing military duties, uses physical violence against a subordinate serviceman

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A commander who commits the act indicated in paragraph 1 of this Article, where this causes serious consequences,

shall be punished by a custodial sentence for a term of three up to eight years.

 

Article 320. Terrorisation of a Serviceman

1. A serviceman who unlawfully demands that another serviceman behave according to his instruction or who humiliates another serviceman by using mental coercion

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A serviceman who humiliates or terrorises another serviceman by using physical violence or a weapon

shall be punished by a custodial sentence for a term of up to five years.

3. A serviceman who commits the act indicated in paragraphs 1 and 2 of this Article, where this causes serious consequences,

shall be punished by a custodial sentence for a term of four up to eight years.

 

Article 321. Unlawful Order and Execution Thereof

A serviceman who issues a clearly unlawful order or forces another serviceman to execute such an order, also a serviceman who executes a clearly unlawful order, where this causes serious consequences,

shall be punished by a custodial sentence for a term of two up to eight years.


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Article 322. Absence without Leave

1. A serviceman who wilfully leaves his unit or place of service or fails to timely arrive at his unit or place of service without valid reasons, where the absence lasts for a period exceeding three days, but not exceeding ten days,

shall be punished by arrest or by a custodial sentence for a term of up to two years.

2. A serviceman who commits the act indicated in paragraph 1 of this Article during martial law or while performing a military assignment

shall be punished by a custodial sentence for a term of two up to eight years.

 

Article 323. Desertion

1. A serviceman who leaves his unit or place of service for a period exceeding ten days or who fails to arrive at his unit or place of service for this period or, irrespective of the duration of the absence, acts in such a manner with the intent of avoiding military service,

shall be punished by a custodial sentence for a term of up to five years.

2. A serviceman who commits the act indicated in paragraph 1 of this Article during martial law or while performing a military assignment

shall be punished by a custodial sentence for a term of four up to eight years.

 

Article 324. Loss of National Defence Property

A serviceman who, through negligence, loses a weapon, ammunition, explosives, explosive materials, a vehicle or another military equipment entrusted to him for the purposes of service

shall be punished by arrest or by a custodial sentence for a term of up to three years.

 

Article 325. Violation of Guard Duty Rules

A person who violates requirements of the legal acts regulating guard duty during martial law or while performing a military assignment, where this act causes serious consequences,

shall be punished by a custodial sentence for a term of up to five years.

 

Article 326. Violation of State Border Guard Duty Rules

1. A serviceman who violates rules of the guard duty of the Republic of Lithuania state border while performing this duty during martial law, where this causes serious consequences,

shall be punished by a custodial sentence for a term of up to five years.

2. A person shall be held liable under this Article only where the acts provided for are committed through negligence.

 

Article 327. Violation of Duty Rules

1. A serviceman who violated requirements of the legal acts regulating duty at a unit (with the exception of guard duty), where this causes serious consequences,

shall be punished by a custodial sentence for a term of up to three years.

2. A person shall be held liable under this Article only where the acts provided for are committed through negligence.


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Article 328. Abandoning a Sinking Warship

The captain of a warship who abandons it when it is sinking and fails to perform all of his duties

shall be punished by a custodial sentence for a term of up to five years.

 

Article 329. Loss or Dishonouring the Flag of a Military Unit

A serviceman who loses or dishonours the flag of a unit

shall be punished by arrest or by a custodial sentence for a term of up to two years.

 

Article 330. Interpretation of Concepts

1. Serviceman shall mean a citizen of the Republic of Lithuania fulfilling active military service.

2. Military conscript shall mean a citizen of the Republic of Lithuania over 18 years of age who is subject to military conscription.

 

Annex to

the Criminal Code

of the Republic of Lithuania

 

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW


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1. Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ 2004 Special edition, Chapter 15, Volume 03, p. 136).

2. Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ 2004 Special edition, Chapter 19, Volume 01, p. 187).

3. Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ 2004 Special edition, Chapter 19, Volume 04, p. 182).

4. Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (OJ 2004 Special edition, Chapter 15, Volume 06, p. 123).

5. Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ 2004 Special edition, Chapter 19, Volume 04, p. 158).

6. Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ 2004 Special edition, Chapter 19, Volume 06, p. 18).

7. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2004 Special edition, Chapter 19, Volume 06, p. 34).

8. Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings (OJ 2004 Special edition, Chapter 19, Volume 06, p. 52).

9. Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ 2004 Special edition, Chapter 19, Volume 06, p. 64).

10. Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ 2004 Special edition, Chapter 19, Volume 06, p. 61).

11. Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector(OJ 2004 Special edition, Chapter 19, Volume 06, p. 182).

12. Council framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (OJ 2004 Special edition, Chapter 19, Volume 07, p. 10).


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13. Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (OJ 2004 Special edition, Chapter 15, Volume 08, p. 291).

14. Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ 2004 L 335, p. 8).

15. Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (OJ 2005 L 68, p. 49).

16. Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution (OJ 2005 L 255, p. 164).

17. Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ 2005 L 255, p. 11).

18. Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ 2008 L 220, p. 32).

19. Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ 2008 L 300, p. 42).

20. Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ 2008 L 238, p. 28).

21. Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27), as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 (OJ 2009 L 81, p.24).

22. Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (OJ 2008, L 328, p. 55-58).

23. Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (OJ 2008 L 330, p. 21).


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24. Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ 2009 L 81, p. 24).

25. Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements (OJ 2009 L 280, p. 52).

26. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ 2009 L 168, p. 24).

27. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ 2011 L 101, p. 1).

28. Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA  (OJ 2011 L 335, p. 1).

29. Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (OJ 2011 L 338, p. 2).

30. Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ 2013 L 218, p. 8).

31. Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39).

32. Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) (OJ 2014 L 173, p. 179)

33. Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ 2014 L 151, p. 1).


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The Constitution of the Republic of Lithuania

 

(Adopted by the citizens of the Republic of Lithuania

in the Referendum of 25 October 1992)

 

 

The Lithuanian Nation

 

– having created the State of Lithuania many centuries ago,

– having based its legal foundations on the Lithuanian Statutes and the Constitutions of the Republic of Lithuania,

– having for centuries staunchly defended its freedom and independence,

– having preserved its spirit, native language, writing, and customs,

– embodying the innate right of the human being and the Nation to live and create freely in the land of their fathers and forefathers—in the independent State of Lithuania,

– fostering national concord in the land of Lithuania,

– striving for an open, just, and harmonious civil society and a State under the rule of law,

by the will of the citizens of the reborn State of Lithuania, adopts and proclaims this

 

Constitution

 

 

 

Chapter I

 

The State of Lithuania

 

 

Article 1

 

The State of Lithuania shall be an independent democratic republic.

 

Article 2

 

The State of Lithuania shall be created by the Nation. Sovereignty shall belong to the Nation.

 

Article 3

 

No one may restrict or limit the sovereignty of the Nation or arrogate to himself the sovereign powers belonging to the entire Nation.

The Nation and each citizen shall have the right to resist anyone who encroaches on the independence, territorial integrity, and constitutional order of the State of Lithuania by force.

 

Article 4

 

The Nation shall execute its supreme sovereign power either directly or through its democratically elected representatives.

 

Article 5

 

In Lithuania, state power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary.

The scope of power shall be limited by the Constitution.

State institutions shall serve the people.

 

Article 6

 

The Constitution shall be an integral and directly applicable act.

Everyone may defend his rights by invoking the Constitution.

 

Article 7

 

Any law or other act that contradicts the Constitution shall be invalid.

Only laws that are published shall be valid.

Ignorance of the law shall exempt no one from liability.

 

Article 8

 

The seizure of state power or state institutions by force shall be considered anti-constitutional actions, which are unlawful and invalid.

 

Article 9


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Article 9

 

The most significant issues concerning the life of the State and the Nation shall be decided by referendum.

In cases established by law, the Seimas shall call a referendum.

A referendum shall also be called if not less than 300,000 citizens with the electoral right so request.

The procedure for calling and conducting referendums shall be established by law.

 

Article 10

 

The territory of the State of Lithuania shall be integral and shall not be divided into any state-like formations.

The boundaries of the State may be altered only by an international treaty of the Republic of Lithuania after it is ratified by 4/5 of all the Members of the Seimas.

 

Article 11

 

The territorial administrative units of the State of Lithuania and their boundaries shall be established by law.

 

Article 12

 

Citizenship of the Republic of Lithuania shall be acquired by birth or on other grounds established by law.

With the exception of individual cases provided for by law, no one may be a citizen of both the Republic of Lithuania and another state at the same time.

The procedure for the acquisition and loss of citizenship shall be established by law.

 

Article 13

 

The State of Lithuania shall protect its citizens abroad.

It shall be prohibited to extradite a citizen of the Republic of Lithuania to another state unless an international treaty of the Republic of Lithuania establishes otherwise.

 

Article 14

 

Lithuanian shall be the state language.

 

Article 15

 

The colours of the flag of the State shall be yellow, green, and red.

The coat of arms of the State shall be a white Vytis on a red field.

The coat of arms and flag of the State, as well as their use, shall be established by law.

 

Article 16

 

The anthem of the State shall be “Tautiška giesmė” by Vincas Kudirka.

 

Article 17

 

The capital of the State of Lithuania shall be the city of Vilnius, the long-standing historical capital of Lithuania.

 

Chapter II

The Human Being and the State

 

Article 18

 

Human rights and freedoms shall be innate.

 

Article 19

 

The right to life of a human being shall be protected by law.

 

Article 20


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Article 19

 

The right to life of a human being shall be protected by law.

 

Article 20

 

Human liberty shall be inviolable.

No one may be arbitrarily apprehended or detained. No one may be deprived of his liberty otherwise than on the grounds and according to the procedures established by law.

A person apprehended in flagrante delicto must, within 48 hours, be brought before a court for the purpose of deciding, in the presence of this person, on the validity of the apprehension. If the court does not adopt a decision to detain the person, the apprehended person shall be released immediately.

 

Article 21

 

The human person shall be inviolable.

Human dignity shall be protected by law.

It shall be prohibited to torture or injure a human being, degrade his dignity, subject him to cruel treatment, or to establish such punishments.

No one may be subjected to scientific or medical experimentation without his knowledge and free consent.

 

Article 22

 

Private life shall be inviolable.

Personal correspondence, telephone conversations, telegraph messages, and other communications shall be inviolable.

Information concerning the private life of a person may be collected only upon a justified court decision and only according to the law.

The law and courts shall protect everyone from arbitrary or unlawful interference with his private and family life, as well as from encroachment upon his honour and dignity.

 

Article 23

 

Property shall be inviolable.

The rights of ownership shall be protected by law.

Property may be taken only for the needs of society according to the procedure established by law and shall be justly compensated for.

 

Article 24

 

The home of a human being shall be inviolable.

Without the consent of the resident, it shall not be permitted to enter his home otherwise than by a court decision or according to the procedure established by law when this is necessary to guarantee public order, apprehend a criminal, or save the life, health, or property of a human being.

 

Article 25


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Article 25

 

Everyone shall have the right to have his own convictions and freely express them.

No one must be hindered from seeking, receiving, or imparting information and ideas.

The freedom to express convictions, as well as to receive and impart information, may not be limited otherwise than by law when this is necessary to protect human health, honour or dignity, private life, or morals, or to defend the constitutional order.

The freedom to express convictions and to impart information shall be incompatible with criminal actions—incitement to national, racial, religious, or social hatred, incitement to violence or to discrimination, as well as defamation and disinformation.

Citizens shall have the right to receive, according to the procedure established by law, any information held about them by state institutions.

 

Article 26

 

Freedom of thought, conscience, and religion shall not be restricted.

Everyone shall have the right to freely choose any religion or belief and, either alone or with others, in private or in public, to profess his religion, to perform religious ceremonies, as well as to practise and teach his belief.

No one may compel another person or be compelled to choose or profess any religion or belief.

The freedom to profess and spread religion or belief may not be limited otherwise than by law and only when this is necessary to guarantee the security of society, public order, the health or morals of people, or other basic rights or freedoms of the person.

Parents and guardians shall, without restrictions, take care of the religious and moral education of their children and wards according to their own convictions.

 

Article 27

 

Convictions, practised religion, or belief may not serve as a justification for a crime or failure to observe laws.

 

Article 28

 

While implementing his rights and exercising his freedoms, everyone must observe the Constitution and laws of the Republic of Lithuania and must not restrict the rights and freedoms of other people.

 

Article 29

 

All persons shall be equal before the law, courts, and other state institutions and officials.

Human rights may not be restricted; no one may be granted any privileges on the grounds of gender, race, nationality, language, origin, social status, belief, convictions, or views.

 

Article 30

 

A person whose constitutional rights or freedoms are violated shall have the right to apply to a court.

Compensation for material and moral damage inflicted upon a person shall be established by law.

 

Article 31


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Article 31

 

A person shall be presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgment.

A person charged with committing a crime shall have the right to a public and fair hearing of his case by an independent and impartial court.

It shall be prohibited to compel anyone to give evidence against himself, or his family members or close relatives.

Punishment may be imposed or applied only on the grounds established by law.

No one may be punished twice for the same offence.

A person suspected of committing a crime, as well as the accused, shall be guaranteed, from the moment of his apprehension or first interrogation, the right to defence, as well as the right to an advocate.

 

Article 32

 

Citizens may move and choose their place of residence in Lithuania freely and may leave Lithuania freely.

These rights may not be restricted otherwise than by law when this is necessary for the protection of the security of the State or the health of people, or for the administration of justice.

Citizens may not be prohibited from returning to Lithuania.

Everyone who is Lithuanian may settle in Lithuania.

 

Article 33

 

Citizens shall have the right to participate in the governance of their State both directly and through their democratically elected representatives, as well as the right to enter on equal terms the State Service of the Republic of Lithuania.

Citizens shall be guaranteed the right to criticise the work of state institutions or their officials and to appeal against their decisions. Persecution for criticism shall be prohibited.

Citizens shall be guaranteed the right of petition; the procedure for the implementation of this right shall be established by law.

 

Article 34

 

Citizens who, on the day of the election, have reached 18 years of age shall have the electoral right.

The right to stand for election shall be established by the Constitution of the Republic of Lithuania and by the election laws.

Citizens who are declared by a court to be legally incapacitated shall not participate in elections.

 

Article 35

 

Citizens shall be guaranteed the right to freely form societies, political parties, and associations provided that the aims and activities thereof are not contrary to the Constitution and laws.

No one may be compelled to belong to any society, political party, or association.

The founding and activities of political parties and other political and public organisations shall be regulated by law.

 

Article 36


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Article 36

 

Citizens may not be prohibited or hindered from assembling unarmed in peaceful meetings.

This right may not be limited otherwise than by law and only when this is necessary to protect the security of the State or society, public order, the health or morals of people, or the rights or freedoms of other persons.

 

Article 37

 

Citizens belonging to ethnic communities shall have the right to foster their language, culture, and customs.

 

Chapter III

Society and the State

 

Article 38

 

The family shall be the basis of society and the State.

Family, motherhood, fatherhood, and childhood shall be under the protection and care of the State.

Marriage shall be concluded upon the free mutual consent of man and woman.

The State shall register marriages, births, and deaths. The State shall also recognise the church registration of marriages.

In the family, the rights of spouses shall be equal.

The right and duty of parents shall be to bring up their children to be honest people and faithful citizens, and to support them until they reach the age of majority.

The duty of children shall be to respect their parents, to take care of them in their old age, and to preserve their heritage.

 

Article 39

 

The State shall take care of families raising and bringing up children at home, and shall render them support according to the procedure established by law.

The law shall make a provision for working mothers to be granted paid leave before and after childbirth, as well as favourable working conditions and other concessions.

Under-age children shall be protected by law.

 

Article 40

 

State and municipal establishments of teaching and education shall be secular. At the request of parents, they shall provide religious instruction.

Non-state establishments of teaching and education may be founded according to the procedure established by law.

Schools of higher education shall be granted autonomy.

The State shall supervise the activities of establishments of teaching and education.

 

Article 41

 

Education shall be compulsory for persons under the age of 16.

Education at state and municipal schools of general education, vocational schools, and schools of further education shall be free of charge.

Higher education shall be accessible to everyone according to individual abilities. Citizens who are good at their studies shall be guaranteed education at state schools of higher education free of charge.

 

Article 42


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Article 42

 

Culture, science and research, and teaching shall be free.

The State shall support culture and science, and shall take care of the protection of Lithuanian historical, artistic, and other cultural monuments, as well as other culturally valuable objects.

The law shall protect and defend the spiritual and material interests of an author that are related to scientific, technical, cultural, and artistic work.

 

Article 43

 

The State shall recognise the churches and religious organisations that are traditional in Lithuania; other churches and religious organisations shall be recognised provided that they have support in society, and their teaching and practices are not in conflict with the law and public morals.

Churches and religious organisations recognised by the State shall have the rights of a legal person.

Churches and religious organisations shall be free to proclaim their teaching, perform their ceremonies, and have houses of prayer, charity establishments, and schools for the training of priests.

Churches and religious organisations shall conduct their affairs freely according to their canons and statutes.

The status of churches and other religious organisations in the State shall be established by agreement or by law.

The teaching proclaimed by churches and religious organisations, other religious activities, and houses of prayer may not be used for purposes that are in conflict with the Constitution and laws.

There shall be no state religion in Lithuania.

 

Article 44

 

Censorship of mass information shall be prohibited.

The State, political parties, political or public organisations, or other institutions or persons may not monopolise the mass media.

 

Article 45

 

Ethnic communities of citizens shall independently manage the affairs of their ethnic culture, education, charity, and mutual assistance.

Ethnic communities shall be provided support by the State.

 

Chapter IV

The National Economy and Labour

 

Article 46

 

The economy of Lithuania shall be based on the right of private ownership, freedom of individual economic activity, and economic initiative.

The State shall support economic efforts and initiative that are useful to society.

The State shall regulate economic activity so that it serves the general welfare of the Nation.

The law shall prohibit the monopolisation of production and the market, and shall protect freedom of fair competition.

The State shall defend the interests of the consumer.

 

Article 47


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Article 47

 

The subsurface, as well as the internal waters, forests, parks, roads, and historical, archaeological, and cultural objects of state importance, shall belong by right of exclusive ownership to the Republic of Lithuania.

The Republic of Lithuania shall have the exclusive rights to the airspace over its territory, its continental shelf, and the economic zone in the Baltic Sea.

In the Republic of Lithuania, foreign entities may acquire the ownership of land, internal waters, and forests according to a constitutional law.

Plots of land may belong to a foreign state by right of ownership for the establishment of its diplomatic missions and consular posts according to the procedure and conditions established by law.

 

Article 48

 

Everyone may freely choose a job or business, and shall have the right to have proper, safe, and healthy conditions at work, as well as to receive fair pay for work and social security in the event of unemployment.

The work of foreigners in the Republic of Lithuania shall be regulated by law.

Forced labour shall be prohibited.

Military service or alternative service performed instead of military service, as well as work performed by citizens in time of war, natural disaster, epidemics, or other extreme cases, shall not be considered forced labour.

In cases where persons convicted by a court perform work regulated by law, such work shall not be considered forced labour, either.

 

Article 49

 

Every working person shall have the right to rest and leisure, as well as to annual paid leave.

The length of working time shall be established by law.

 

Article 50

 

Trade unions shall be established freely and shall function independently. They shall defend the professional, economic, and social rights and interests of employees.

All trade unions shall have equal rights.

 

Article 51

 

While defending their economic and social interests, employees shall have the right to strike.

Limitations on this right and the conditions and procedure for its implementation shall be established by law.

 

Article 52

 

The State shall guarantee its citizens the right to receive old-age and disability pensions, as well as social assistance in the event of unemployment, sickness, widowhood, the loss of the breadwinner, and in other cases provided for by law.

 

Article 53

 

The State shall take care of the health of people and shall guarantee medical aid and services for a person in the event of sickness. The procedure for providing medical aid to citizens free of charge at state medical establishments shall be established by law.

The State shall promote the physical culture of society and shall support sport.

The State and each person must protect the environment from harmful influences.

 

Article 54


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Article 54

 

The State shall take care of the protection of the natural environment, wildlife and plants, individual objects of nature, and areas of particular value, and shall supervise the sustainable use of natural resources, as well as their restoration and increase.

The destruction of land and subsurface, the pollution of water and air, radioactive impact on the environment, as well as the depletion of wildlife and plants, shall be prohibited by law.

 

Chapter V

The Seimas

 

Article 55

 

The Seimas shall consist of representatives of the Nation—141 Members of the Seimas, who shall be elected for a four-year term on the basis of universal, equal, and direct suffrage by secret ballot.

The Seimas shall be deemed elected when not less than 3/5 of the Members of the Seimas are elected.

The procedure for the election of the Members of the Seimas shall be established by law.

 

Article 56

 

Any citizen of the Republic of Lithuania who is not bound by an oath or a pledge to a foreign state and who, on the election day, is not younger than 21 years of age and permanently resides in Lithuania may stand for election as a Member of the Seimas.

Persons who have not served punishment imposed by a court judgment, as well as persons declared by a court to be legally incapacitated, may not stand for election as a Member of the Seimas.

 

Article 57

 

A regular election to the Seimas shall be held in the year of the expiry of the powers of the Members of the Seimas on the second Sunday of October.

A regular election to the Seimas following an early election to the Seimas shall be held at the time specified in the first paragraph of this Article.

 

Article 58


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Article 58

 

An early election to the Seimas may be held upon the decision of the Seimas adopted by not less than a 3/5 majority vote of the Members of the Seimas.

An early election to the Seimas may also be called by the President of the Republic:

1) if the Seimas fails to adopt a decision on the new programme of the Government within 30 days of its presentation, or if the Seimas twice in succession gives no assent to the programme of the Government within 60 days of its first presentation;

2) upon the proposal of the Government, if the Seimas expresses direct no confidence in the Government.

The President of the Republic may not call an early election to the Seimas if the term of office of the President of the Republic expires in less than 6 months, or if 6 months have not passed since the early election to the Seimas.

The day of election to the new Seimas shall be specified in the resolution of the Seimas or in the act of the President of the Republic on the early election to the Seimas. The election to the new Seimas must be held within 3 months of the adoption of the decision on the early election.

 

Article 59

 

The term of powers of the Members of the Seimas shall begin to be counted from the day on which the newly elected Seimas convenes for the first sitting. The term of powers of the previously elected Members of the Seimas shall expire at the beginning of this sitting.

An elected Member of the Seimas shall acquire all the rights of a representative of the Nation only after taking an oath at the Seimas to be faithful to the Republic of Lithuania.

A Member of the Seimas who either does not take the oath according to the procedure established by law or takes a conditional oath shall lose the mandate of a Member of the Seimas. The Seimas shall adopt a corresponding resolution thereon.

While in office, the Members of the Seimas shall follow the Constitution of the Republic of Lithuania, the interests of the State, as well as their own consciences, and may not be restricted by any mandates.

 

Article 60


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Article 60

 

The duties of the Members of the Seimas, with the exception of their duties at the Seimas, shall be incompatible with any other duties at state institutions or organisations, or with work in business, commercial, or other private establishments or enterprises. During their term of office, the Members of the Seimas shall be exempt from the duty to perform national defence service.

A Member of the Seimas may be appointed only either as the Prime Minister or a Minister.

The work of the Members of the Seimas, as well as all expenses relating to their parliamentary activities, shall be remunerated from the State Budget. A Member of the Seimas may not receive any other remuneration, with the exception of remuneration for creative activities.

The duties, rights, and guarantees of the activities of a Member of the Seimas shall be established by law.

 

Article 61

 

A Member of the Seimas shall have the right to submit an inquiry to the Prime Minister, the Ministers, and the heads of other state institutions formed or elected by the Seimas. The said persons must respond orally or in writing during the session of the Seimas according to the procedure established by the Seimas.

During a session of the Seimas, a group of not less than 1/5 of the Members of the Seimas may interpellate the Prime Minister or a Minister.

Upon considering the response of the Prime Minister or the Minister to the interpellation, the Seimas may decide that the response is not satisfactory, and, by a majority vote of half of all the Members of the Seimas, may express no confidence in the Prime Minister or the Minister.

The voting procedure shall be established by law.

 

Article 62

 

The person of a Member of the Seimas shall be inviolable.

The Members of the Seimas may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the consent of the Seimas.

The Members of the Seimas may not be persecuted for their votes or speeches at the Seimas. However, they may be held liable according to the general procedure for personal insult or defamation.

 

Article 63


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Article 63

 

The powers of a Member of the Seimas shall cease:

1) upon the expiry of the term of powers, or when the Seimas elected in an early election convenes for the first sitting;

2) upon his death;

3) upon his resignation;

4) when he is declared by a court to be legally incapacitated;

5) when the Seimas revokes his mandate according to the procedure for impeachment proceedings;

6) when the election is declared invalid, or the law on election is grossly violated;

7) when he takes up or does not give up employment that is incompatible with the duties of a Member of the Seimas;

8) when he loses his citizenship of the Republic of Lithuania.

 

Article 64

 

Every year, the Seimas shall convene for two regular sessions—in spring and autumn. The spring session shall commence on the 10th of March and shall end on the 30th of June. The autumn session shall commence on the 10th of September and shall end on the 23rd of December. The Seimas may decide to prolong a session.

Extraordinary sessions shall be convened by the Speaker of the Seimas upon the proposal of not less than one-third of all the Members of the Seimas, or by the President of the Republic in cases provided for in the Constitution.

 

Article 65

 

The President of the Republic shall convene the first sitting of the newly elected Seimas, which must be held within 15 days of the election of the Seimas. If the President of the Republic fails to convene the Seimas, the Members of the Seimas shall assemble by themselves on the day following the expiry of the 15-day period.

 

Article 66

 

Sittings of the Seimas shall be presided over by the Speaker of the Seimas, or his Deputy.

The first sitting of the Seimas after its election shall be opened by the eldest Member of the Seimas.

 

Article 67


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Article 67

 

The Seimas:

1) shall consider and adopt amendments to the Constitution;

2) shall pass laws;

3) shall adopt resolutions on referendums;

4) shall call elections for the President of the Republic of Lithuania;

5) shall establish state institutions provided for by law, and appoint and release their heads;

6) shall or shall not give its assent to the candidate proposed by the President of the Republic for the post of the Prime Minister;

7) shall consider the programme of the Government, presented by the Prime Minister, and decide whether to give its assent to it;

8) shall, upon the proposal of the Government, establish and abolish the ministries of the Republic of Lithuania;

9) shall supervise the activities of the Government and may express no confidence in the Prime Minister or a Minister;

10) shall appoint the justices and Presidents of the Constitutional Court and the Supreme Court;

11) shall appoint and release the Auditor General and the Chairperson of the Board of the Bank of Lithuania;

12) shall call elections to municipal councils and elections for municipal mayors;

13) shall form the Central Electoral Commission and alter its composition;

14) shall approve the State Budget and supervise its execution;

15) shall establish state taxes and other compulsory payments;

16) shall ratify and denounce international treaties of the Republic of Lithuania and consider other issues of foreign policy;

17) shall establish the administrative division of the Republic;

18) shall establish the state awards of the Republic of Lithuania;

19) shall issue acts of amnesty;

20) shall impose direct rule and martial law, declare states of emergency, announce mobilisation, and adopt a decision to use the armed forces.

 

Article 68

 

The right of legislative initiative at the Seimas shall belong to the Members of the Seimas, the President of the Republic, and the Government.

The citizens of the Republic of Lithuania shall also have the right of legislative initiative. 50,000 citizens of the Republic of Lithuania who have the electoral right may submit a draft law to the Seimas, and the Seimas must consider it.

 

Article 69


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Article 69

 

Laws shall be adopted at the Seimas according to the procedure established by law.

Laws shall be deemed adopted if the majority of the Members of the Seimas participating in the sitting vote in favour thereof.

Constitutional laws of the Republic of Lithuania shall be adopted if more than half of all the Members of the Seimas vote in favour thereof, and they shall be altered by not less than a 3/5 majority vote of all the Members of the Seimas. The Seimas shall establish the list of constitutional laws by a 3/5 majority vote of the Members of the Seimas.

The provisions of laws of the Republic of Lithuania may also be adopted by referendum.

 

Article 70

 

Laws adopted by the Seimas shall come into force after they are signed and officially promulgated by the President of the Republic, unless the laws themselves establish a later date for their entry into force.

Other acts adopted by the Seimas, as well as the Statute of the Seimas, shall be signed by the Speaker of the Seimas. The said acts shall come into force on the day following their publication, unless the acts themselves establish another procedure for their entry into force.

 

Article 71

 

Within ten days of receiving a law adopted by the Seimas, the President of the Republic either shall sign and officially promulgate the law or shall, upon reasonable grounds, refer it back to the Seimas for reconsideration.

If the law adopted by the Seimas is neither referred back nor signed by the President of the Republic within the specified period, the law shall come into force after it is signed and officially promulgated by the Speaker of the Seimas.

A law or another act adopted by referendum must, within 5 days, be signed and officially promulgated by the President of the Republic.

If the President of the Republic does not sign and promulgate such a law within the specified period, the law shall come into force after it is signed and officially promulgated by the Speaker of the Seimas.

 

Article 72

 

The Seimas may consider anew and adopt a law referred back by the President of the Republic.

The law reconsidered by the Seimas shall be deemed adopted if the amendments and supplements submitted by the President of the Republic are adopted, or if more than 1/2 of all the Members of the Seimas vote for the law, or, in cases where such a law is a constitutional law—if not less than 3/5 of all the Members of the Seimas vote in favour thereof.

The President of the Republic must sign such laws within three days and promulgate them immediately.

 

Article 73


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Article 73

 

Complaints of citizens about the abuse of authority or bureaucratic intransigence by state and municipal officials (with the exception of judges) shall be examined by the Seimas Ombudsmen, who shall have the right to submit a proposal before a court for dismissing the guilty officials from office.

The powers of the Seimas Ombudsmen shall be established by law.

The Seimas shall also establish, when necessary, other institutions of control. Their system and powers shall be established by law.

 

Article 74

 

The President of the Republic, the President and justices of the Constitutional Court, the President and justices of the Supreme Court, the President and judges of the Court of Appeal, as well as any Members of the Seimas who grossly violate the Constitution or breach their oath, or are found to have committed a crime, may be removed from office or have the mandate of a Member of the Seimas revoked by a 3/5 majority vote of all the Members of the Seimas. This shall be performed in accordance with the procedure for impeachment proceedings, which shall be established by the Statute of the Seimas.

A person who has been removed from office or whose mandate of a Member of the Seimas has been revoked by the Seimas in accordance with the procedure for impeachment proceedings for a gross violation of the Constitution or for breach of his oath may take up an office specified in the Constitution, the commencement of which, in accordance with the Constitution, is subject to the taking of the oath provided for in the Constitution, when at least ten years have elapsed from the decision of the Seimas by which he was removed from office or his mandate of a Member of the Seimas was revoked.

 

Article 75

 

The officials appointed or elected by the Seimas, with the exception of the persons specified in Article 74 of the Constitution, shall be dismissed from office when the Seimas expresses no confidence in them by a majority vote of all the Members of the Seimas.

 

Article 76

 

The structure and procedure of activities of the Seimas shall be established by the Statute of the Seimas. The Statute of the Seimas shall have the force of a law.

 

Chapter VI

The President of the Republic

 

Article 77

 

The President of the Republic shall be the Head of State.

The President of the Republic shall represent the State of Lithuania and shall perform everything with which he is charged by the Constitution and laws.

 

Article 78


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Article 78

 

A Lithuanian citizen by descent who has lived in Lithuania for not less than the last three years, provided that he has reached the age of not less than 40 prior to the election day and may stand for election as a Member of the Seimas, may stand for election as the President of the Republic.

The President of the Republic shall be elected by the citizens of the Republic of Lithuania for a five-year term by universal, equal, and direct suffrage by secret ballot.

The same person may not be elected the President of the Republic for more than two consecutive terms.

 

Article 79

 

Any citizen of the Republic of Lithuania who meets the conditions set forth in the first paragraph of Article 78 and collects the signatures of not less than 20,000 voters shall be registered as a presidential candidate.

The number of candidates for the post of the President of the Republic shall not be limited.

 

Article 80

 

A regular election of the President of the Republic shall be held on the last Sunday two months before the expiry of the term of office of the President of the Republic.

 

Article 81

 

The candidate for the post of the President of the Republic who, during the first round of voting in which not less than half of all the voters participate, receives the votes of more than half of all the voters who participate in the election shall be deemed elected. If less than half of all the voters participate in the election, the candidate who receives the greatest number of votes, but not less than 1/3 of the votes of all the voters, shall be deemed elected.

If, during the first round of voting, no single candidate gets the requisite number of votes, the second round of voting shall be held two weeks later with the two candidates who have received the greatest number of votes standing against each other. The candidate who receives more votes shall be deemed elected.

If no more than two candidates take part in the first round, and neither of them receives the requisite number of votes, a repeat election shall be held.

 

Article 82


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Article 82

 

On the day following the expiry of the term of office of the President of the Republic, the elected President of the Republic shall take office after he, in Vilnius, in the presence of the representatives of the Nation—the Members of the Seimas, takes an oath to the Nation to be faithful to the Republic of Lithuania and the Constitution, to conscientiously fulfil the duties of his office, and to be equally just to all.

A re-elected President of the Republic shall also take the oath.

The act on taking the oath of the President of the Republic shall be signed by him and by the President of the Constitutional Court or, in the absence of the latter, by a justice of the Constitutional Court.

 

Article 83

 

The President of the Republic may not be a Member of the Seimas, may not hold any other office, and may not receive any remuneration other than the remuneration established for the President of the Republic and remuneration for creative activities.

A person elected the President of the Republic must suspend his activities in political parties and political organisations until the beginning of a new campaign for the election of the President of the Republic.

 

Article 84


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The President of the Republic:

1) shall decide the basic issues of foreign policy and, together with the Government, conduct foreign policy;

2) shall sign international treaties of the Republic of Lithuania and submit them to the Seimas for ratification;

3) shall, upon submission by the Government, appoint and recall the diplomatic representatives of the Republic of Lithuania to foreign states and international organisations; shall receive the letters of credence and recall of the diplomatic representatives of foreign states; and shall confer the highest diplomatic ranks and special titles;

4) shall, upon the assent of the Seimas, appoint the Prime Minister; shall charge the Prime Minister with forming the Government; and shall approve the composition of the formed Government;

5) shall, upon the assent of the Seimas, release the Prime Minister from duties;

6) shall accept the powers returned by the Government upon the election of a new Seimas and charge the Government with exercising its duties until a new Government is formed;

7) shall accept the resignation of the Government and, when necessary, charge it with continuing to exercise its duties, or charge one of the Ministers with exercising the duties of the Prime Minister, until a new Government is formed; shall accept the resignations of Ministers and may charge them with exercising their duties until a new respective Minister is appointed;

8) shall, upon the resignation of the Government or after it returns its powers, within 15 days, propose the candidate for the post of the Prime Minister for consideration by the Seimas;

9) shall appoint and release Ministers upon submission by the Prime Minister;

10) shall, according to the established procedure, appoint and release state officials provided for by law;

11) shall propose candidates for the posts of the justices of the Supreme Court for consideration by the Seimas and, upon the appointment of all the justices of the Supreme Court, propose the candidate from among them for the post of the President of the Supreme Court to be appointed by the Seimas; shall appoint the judges of the Court of Appeal and, from among them, the President of the Court of Appeal, provided that the Seimas gives its assent to the candidates proposed; shall appoint the judges and presidents of regional and local courts and change their places of work; in cases provided for by law, shall submit that the Seimas release judges from their duties; shall, upon the assent of the Seimas, appoint and release the Prosecutor General of the Republic of Lithuania;

12) shall propose candidates for the posts of three justices of the Constitutional Court and, upon the appointment of all the justices of the Constitutional Court, propose the candidate from among them for the post of the President of the Constitutional Court to be appointed by the Seimas;


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13) shall propose candidates for the posts of the Auditor General and the Chairperson of the Board of the Bank of Lithuania for consideration by the Seimas; may submit that the Seimas express no confidence in them;

14) shall, upon the assent of the Seimas, appoint and release the Commander of the Armed Forces and the Head of the Security Service;

15) shall confer the highest military ranks;

16) shall, in the event of an armed attack threatening the sovereignty of the State or its territorial integrity, adopt decisions concerning defence against the armed aggression, the imposition of martial law, as well as mobilisation, and submit these decisions for approval at the next sitting of the Seimas;

17) shall declare a state of emergency according to the procedure and in cases established by law and present this decision for approval at the next sitting of the Seimas;

18) shall make annual reports at the Seimas on the situation in Lithuania and the domestic and foreign policies of the Republic of Lithuania;

19) shall, in cases provided for in the Constitution, convene an extraordinary session of the Seimas;

20) shall call regular elections to the Seimas and, in cases provided for in the second paragraph of Article 58 of the Constitution, call early elections to the Seimas;

21) shall grant citizenship of the Republic of Lithuania according to the procedure established by law;

22) shall confer state awards;

23) shall grant pardons to convicted persons;

24) shall sign and promulgate laws adopted by the Seimas or refer them back to the Seimas according to the procedure established in Article 71 of the Constitution.


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Article 85

 

The President of the Republic, implementing the powers vested in him, shall issue acts-decrees. To be valid, the decrees issued by the President of the Republic for the purposes specified in Items 3, 15, 17, and 21 of Article 84 of the Constitution must be signed by the Prime Minister or an appropriate Minister. Responsibility for such a decree shall lie with the Prime Minister or the Minister who signs it.

 

Article 86

 

The person of the President of the Republic shall be inviolable: while in office, he may be neither detained nor held criminally or administratively liable.

The President of the Republic may be removed from office only for a gross violation of the Constitution or a breach of the oath, or when he is found to have committed a crime. The issue of the removal of the President of the Republic from office shall be decided by the Seimas according to the procedure for impeachment proceedings.

 

Article 87

 

After, in cases provided for in the second paragraph of Article 58 of the Constitution, the President of the Republic calls an early election to the Seimas, the newly elected Seimas may, by a 3/5 majority vote of all the Members of the Seimas and within 30 days of the day of the first sitting, call an early election of the President of the Republic.

The President of the Republic wishing to participate in the election shall be immediately registered as a candidate.

The President of the Republic re-elected in such an election shall be deemed elected for the second term of office provided that more than three years of his first term of office have expired prior to the election. If less than three years of the first term of office have expired, the President of the Republic shall only be elected for the remainder of the first term of office, which shall not be considered the second term of office.

If an early election of the President of the Republic is called during his second term of office, the incumbent President of the Republic may only be elected for the remainder of the second term of office.

 

Article 88

 

The powers of the President of the Republic shall cease:

1) upon the expiry of the period for which he is elected;

2) after an early election of the President of the Republic takes place;

3) upon his resignation from office;

4) upon his death;

5) when the Seimas removes him from office according to the procedure for impeachment proceedings;

6) when the Seimas, taking into consideration the conclusion of the Constitutional Court, by a 3/5 majority vote of all the Members of the Seimas, adopts a resolution stating that the state of health of the President of the Republic does not allow him to hold office.


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Article 89

 

In the event that the President of the Republic dies, resigns, or is removed from office according to the procedure for impeachment proceedings, or the Seimas decides that the state of health of the President of the Republic does not allow him to hold office, the office of the President of the Republic shall temporarily be held by the Speaker of the Seimas. In such a case, the Speaker of the Seimas shall lose his powers at the Seimas, and his office shall temporarily be held, upon commissioning by the Seimas, by his Deputy. In the enumerated cases, the Seimas must, within 10 days, call an election of the President of the Republic, which must be held within two months. If the Seimas cannot convene and call the election of the President of the Republic, the election shall be called by the Government.

The Speaker of the Seimas shall substitute for the President of the Republic when the latter is temporarily abroad or falls ill and, for this reason, is temporarily unable to hold office.

While temporarily substituting for the President of the Republic, the Speaker of the Seimas may neither call an early election to the Seimas nor appoint or release Ministers without the consent of the Seimas. During the said period, the Seimas may not consider the issue of no confidence in the Speaker of the Seimas.

With the exception of the cases specified in this Article, the powers of the President of the Republic may not be executed by any other persons or institutions.

 

Article 90

 

The President of the Republic shall have a residence. The financing of the President of the Republic and of his residence shall be established by law.

 

Chapter VII

The Government of the Republic of Lithuania

 

Article 91

 

The Government of the Republic of Lithuania shall consist of the Prime Minister and Ministers.

 

Article 92

 

The Prime Minister shall, upon the assent of the Seimas, be appointed and released by the President of the Republic.

Ministers shall, upon submission by the Prime Minister, be appointed and released by the President of the Republic.

The Prime Minister, within 15 days of his appointment, shall form and present to the Seimas the Government, approved by the President of the Republic, and shall submit the programme of the formed Government for consideration by the Seimas.

The Government shall return its powers to the President of the Republic after the election of the Seimas or after the election of the President of the Republic.

A new Government shall receive the powers to act after the Seimas gives assent to its programme by a majority vote of the Members of the Seimas participating in the sitting.

 

Article 93


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Article 93

 

Before taking office, the Prime Minister and Ministers shall take an oath at the Seimas to be faithful to the Republic of Lithuania and to observe the Constitution and laws. The text of the oath shall be established by the Law on the Government.

 

Article 94

 

The Government of the Republic of Lithuania:

1) shall manage national affairs, protect the territorial inviolability of the Republic of Lithuania, and guarantee state security and public order;

2) shall execute laws, the resolutions of the Seimas on the implementation of laws, as well as the decrees of the President of the Republic;

3) shall co-ordinate the activities of ministries and other establishments of the Government;

4) shall prepare a draft State Budget and submit it to the Seimas; shall execute the State Budget and submit to the Seimas a report on the execution of the budget;

5) shall prepare draft laws and present them to the Seimas for consideration;

6) shall establish diplomatic ties and maintain relations with foreign states and international organisations;

7) shall discharge other duties prescribed to the Government by the Constitution and other laws.

 

Article 95

 

The Government of the Republic of Lithuania shall decide the affairs of state governance at its sittings by adopting resolutions by a majority vote of all the members of the Government. The Auditor General may also participate in the sittings of the Government.

The resolutions of the Government shall be signed by the Prime Minister and the Minister of the respective area.

 

Article 96

 

The Government of the Republic of Lithuania shall be jointly and severally responsible to the Seimas for the general activities of the Government.

Ministers, in directing the areas of governance entrusted to them, shall be responsible to the Seimas and the President of the Republic, and directly subordinate to the Prime Minister.

 

Article 97

 

The Prime Minister shall represent the Government of the Republic of Lithuania and shall head its activities.

In the absence of the Prime Minister, or when he is unable to hold office, the President of the Republic, upon submission by the Prime Minister, shall assign one of the Ministers to substitute for the Prime Minister during a period not exceeding 60 days; when there is no such submission, the President of the Republic shall assign one of the Ministers to substitute for the Prime Minister.

 

Article 98

 

Ministers shall head their respective ministry, shall decide on issues belonging to the competence of their ministry, and shall also discharge other functions provided for by law.

Only another member of the Government appointed by the Prime Minister may temporarily substitute for a Minister.

 

Article 99


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Article 99

 

The Prime Minister and Ministers may not hold any other elective or appointive office, may not work in any business, commercial, or other private establishments or enterprises, nor may they receive any remuneration other than that established for their respective governmental duties and payment for creative activities.

 

Article 100

 

The Prime Minister and Ministers may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the prior consent of the Seimas or, in the period between the sessions of the Seimas, without the prior consent of the President of the Republic.

 

Article 101

 

At the request of the Seimas, the Government or individual Ministers must give an account of their activities to the Seimas.

When more than half of the Ministers are replaced, the Government must once again receive its powers from the Seimas. Otherwise, the Government must resign.

The Government must also resign in the following cases:

1) when the Seimas twice in succession does not give its assent to the programme of the newly formed Government;

2) when the Seimas, by a majority vote of all the Members of the Seimas and by secret ballot, expresses no confidence in the Government or in the Prime Minister;

3) when the Prime Minister resigns or dies;

4) after the election to the Seimas, when a new Government is formed.

A Minister must resign when more than half of all the Members of the Seimas, by secret ballot, express no confidence in him.

The President of the Republic shall accept the resignation of the Government or a Minister.

 

Chapter VIII

The Constitutional Court

 

Article 102

 

The Constitutional Court shall decide whether the laws and other acts of the Seimas are in conflict with the Constitution, and whether the acts of the President of the Republic and the Government are in conflict with the Constitution or laws.

The status of the Constitutional Court and the procedure for the execution of its powers shall be established by the Law on the Constitutional Court of the Republic of Lithuania.

 

Article 103


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Article 103

 

The Constitutional Court shall consist of 9 justices, each appointed for a single nine-year term of office. Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint three candidates for justices of the Constitutional Court from the candidates submitted by the President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court, and shall appoint them as justices.

The Seimas shall appoint the President of the Constitutional Court from among its justices upon submission by the President of the Republic.

The citizens of the Republic of Lithuania with an impeccable reputation, higher education in law, and not less than a 10-year length of service in the field of law or in a branch of science and education as a lawyer may be appointed as justices of the Constitutional Court.

 

Article 104

 

While in office, the justices of the Constitutional Court shall be independent of any other state institution, person, or organisation, and shall follow only the Constitution of the Republic of Lithuania.

Before entering office, the justices of the Constitutional Court shall take an oath at the Seimas to be faithful to the Republic of Lithuania and the Constitution.

The limitations established on work and political activities for the judges of courts shall also apply to the justices of the Constitutional Court.

The justices of the Constitutional Court shall have the same rights concerning the inviolability of their person as the Members of the Seimas.

 

Article 105

 

The Constitutional Court shall consider and adopt decisions on whether the laws of the Republic of Lithuania or other acts adopted by the Seimas are in conflict with the Constitution of the Republic of Lithuania.

The Constitutional Court shall also consider whether the following are in conflict with the Constitution and laws:

1) the acts of the President of the Republic;

2) the acts of the Government of the Republic.

The Constitutional Court shall present conclusions on:

1) whether there were the violations of election laws during the elections of the President of the Republic or the elections of the Members of the Seimas;

2) whether the state of health of the President of the Republic allows him to continue to hold office;

3) whether the international treaties of the Republic of Lithuania are in conflict with the Constitution;

4) whether the concrete actions of the Members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.

 

Article 106


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Article 106

 

The Government, not less than 1/5 of all the Members of the Seimas, and courts shall have the right to apply to the Constitutional Court concerning the acts specified in the first paragraph of Article 105.

Not less than 1/5 of all the Members of the Seimas and courts shall have the right to apply to the Constitutional Court concerning the conformity of the acts of the President of the Republic with the Constitution and laws.

Not less than 1/5 of all the Members of the Seimas, courts, as well as the President of the Republic, shall have the right to apply to the Constitutional Court concerning the conformity of the acts of the Government with the Constitution and laws.

An application by the President of the Republic to the Constitutional Court, or a resolution of the Seimas, asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act.

The conclusions of the Constitutional Court may be requested by the Seimas or, in cases concerning elections to the Seimas or international treaties, by the President of the Republic.

The Constitutional Court shall have the right to refuse to accept a case for consideration or to prepare a conclusion if the application is based on non-legal reasoning.

 

Article 107

 

A law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, an act (or part thereof) of the President of the Republic, or an act (or part thereof) of the Government may not be applied from the day of the official publication of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution of the Republic of Lithuania.

The decisions of the Constitutional Court on the issues assigned to its competence by the Constitution shall be final and not subject to appeal.

On the basis of the conclusions of the Constitutional Court, the Seimas shall take a final decision on the issues set forth in the third paragraph of Article 105 of the Constitution.

 

Article 108

 

The powers of a justice of the Constitutional Court shall cease:

1) upon the expiry of the term of powers;

2) upon his death;

3) upon his resignation;

4) when he is incapable of holding office due to the state of his health;

5) when the Seimas removes him from office in accordance with the procedure for impeachment proceedings.

 

Chapter IX

Courts

 

Article 109


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Chapter IX

Courts

 

Article 109

 

In the Republic of Lithuania, justice shall be administered only by courts.

When administering justice, judges and courts shall be independent.

When considering cases, judges shall obey only the law.

Courts shall adopt decisions in the name of the Republic of Lithuania.

 

Article 110

 

Judges may not apply any laws that are in conflict with the Constitution.

In cases when there are grounds to believe that a law or another legal act that should be applied in a concrete case is in conflict with the Constitution, the judge shall suspend the consideration of the case and shall apply to the Constitutional Court, requesting that it decide whether the law or another legal act in question is in compliance with the Constitution.

 

Article 111

 

The courts of the Republic of Lithuania shall be the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional courts, and local courts.

For the consideration of administrative, labour, family, and cases of other categories, specialised courts may be established according to the law.

No courts with extraordinary powers may be established in the Republic of Lithuania in time of peace.

The formation and competence of courts shall be established by the Law on Courts of the Republic of Lithuania.

 

Article 112

 

In Lithuania, only the citizens of the Republic of Lithuania may be judges.

The justices of the Supreme Court, as well as its President chosen from among them, shall be appointed and released by the Seimas upon submission by the President of the Republic.

The judges of the Court of Appeal, as well as its President chosen from among them, shall be appointed by the President of the Republic upon the assent of the Seimas.

The judges and presidents of local, regional, and specialised courts shall be appointed, and their places of work shall be changed, by the President of the Republic.

A special institution of judges, as provided for by law, shall advise the President of the Republic on the appointment, promotion, and transfer of judges, or their release from duties.

A person appointed as a judge shall, according to the procedure established by law, take an oath to be faithful to the Republic of Lithuania and to administer justice only according to the law.

 

Article 113

 

Judges may not hold any other elective or appointive office, or work in any business, commercial, or other private establishments or enterprises. Nor may they receive any remuneration other than the remuneration established for judges and payment for educational or creative activities.

Judges may not participate in the activities of political parties or other political organisations.

 

Article 114


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Article 114

 

Interference by any institutions of state power and governance, Members of the Seimas or other officials, political parties, political or public organisations, or citizens with the activities of a judge or court shall be prohibited and shall lead to liability provided for by law.

Judges may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the consent of the Seimas or, in the period between the sessions of the Seimas, without the consent of the President of the Republic of Lithuania.

 

Article 115

 

The judges of the courts of the Republic of Lithuania shall be released from their duties according to the procedure established by law in the following cases:

1) of their own will;

2) upon the expiry of the term of powers, or upon reaching the pensionable age established by law;

3) due to their state of health;

4) upon election to another office, or upon transfer, with their consent, to another place of work;

5) when their conduct discredits the name of judges;

6) upon the entry into effect of court judgments convicting them.

 

Article 116

 

For a gross violation of the Constitution or a breach of the oath, or when they are found to have committed a crime, the President and justices of the Supreme Court, as well as the President and judges of the Court of Appeal, may be removed from office by the Seimas according to the procedure for impeachment proceedings.

 

Article 117

 

In all courts, the consideration of cases shall be public. A closed court hearing may be held in order to protect the secrecy of private or family life, or where the public consideration of the case might disclose a state, professional, or commercial secret.

In the Republic of Lithuania, court proceedings shall be conducted in the state language.

Persons who do not have sufficient knowledge of the Lithuanian language shall be guaranteed the right to participate in the investigation and court proceedings through a translator.

 

Article 118

 

A pre-trial investigation shall be organised and directed, and charges on behalf of the State in criminal cases shall be upheld, by prosecutors.

In cases established by law, prosecutors shall defend the rights and legitimate interests of the person, society, and the State.

When performing their functions, prosecutors shall be independent and shall obey only the law.

The Prosecution Service of the Republic of Lithuania shall be the Office of the Prosecutor General and territorial prosecutor’s offices.

The Prosecutor General shall be appointed and released by the President of the Republic upon the assent of the Seimas.

The procedure for the appointment and release of prosecutors, as well as their status, shall be established by law.


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Chapter X

Local Self-Government and Governance

 

Article 119

 

The right to self-government shall be guaranteed to the administrative territorial units of the State which are provided for by law. This right shall be implemented through the respective municipal councils and municipal mayors.

The members of municipal councils shall be elected from among the citizens of the Republic of Lithuania and other permanent residents of the respective administrative units and mayors shall be elected from among the citizens of the Republic of Lithuania for a four-year term, as provided for by law, by the citizens of the Republic of Lithuania and other permanent residents of these administrative units on the basis of universal, equal, and direct suffrage by secret ballot.

The procedure for the organisation and activities of self-government institutions shall be established by law.

 

Article 120

 

The State shall support municipalities.

Municipalities shall act freely and independently within their competence defined by the Constitution and laws.

 

Article 121

 

Municipalities shall draft and approve their budgets.

Municipal councils shall have the right, within the limits and according to the procedure provided for by law, to establish local levies; municipal councils may provide for tax and levy concessions at the expense of their own budgets.

 

Article 122

 

Municipal councils and municipal mayors shall have the right to apply to a court regarding the violation of their rights.

Article 123

 

At higher-level administrative units, governance shall be organised by the Government according to the procedure established by law.

The observance of the Constitution and laws and the execution of the decisions of the Government by municipalities shall be supervised by the representatives appointed by the Government.

The powers of the representatives of the Government and the procedure for the execution of their powers shall be established by law.

In cases and according to the procedure provided for by law, the Seimas may temporarily introduce direct rule in the territory of a municipality.

 

Article 124

 

The acts or actions of municipal councils or of municipal mayors that violate the rights of citizens or organisations may be appealed against before a court.

 

Chapter XI

Finances and the State Budget

 

Article 125

 

In the Republic of Lithuania, the Bank of Lithuania shall be the central bank, which belongs to the State of Lithuania by right of ownership.

The procedure for the organisation and activities of the Bank of Lithuania, its powers, and the legal status of the Chairperson of the Board of the Bank of Lithuania, as well as the grounds for his release from duties, shall be established by law.

 

Article 126


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Article 126

 

The Bank of Lithuania shall be directed by the Board of the Bank, consisting of the Chairperson, Deputy Chairpersons, and members.

The Chairperson of the Board of the Bank of Lithuania shall be appointed for a five-year term by the Seimas upon submission by the President of the Republic.

 

Article 127

 

The budgetary system of the Republic of Lithuania shall consist of the independent State Budget of the Republic of Lithuania and independent municipal budgets.

The revenue of the State Budget shall be raised from taxes, compulsory payments, levies, income from state-owned property, and other income.

Taxes, other payments to the budgets, and levies shall be established by the laws of the Republic of Lithuania.

 

Article 128

 

Decisions concerning state loans and other basic property liabilities of the State shall be adopted by the Seimas upon the proposal of the Government.

The procedure for the possession, use, and disposal of state-owned property shall be established by law.

 

Article 129

 

The budget year shall start on the 1st of January and shall end on the 31st of December.

 

Article 130

 

The Government shall draw up a draft State Budget and present it to the Seimas not later than 75 days before the end of the budget year.

 

Article 131

 

The draft State Budget shall be considered by the Seimas and shall be approved by law before the start of the new budget year.

During the consideration of the draft budget, the Seimas may increase expenditure provided that it specifies financial sources for the additional expenditure. The expenditure established by law may not be reduced as long as these laws are not altered.

 

Article 132

 

If the State Budget is not approved on time, in such cases, at the beginning of the budget year, the budget expenditure each month may not exceed 1/12 of the expenditure of the State Budget of the previous budget year.

During the budget year, the Seimas may change the budget. It shall be changed according to the same procedure according to which it is drawn up, adopted, and approved. When necessary, the Seimas may approve an additional budget.

 

Chapter XII

The National Audit Office

 

Article 133

 

The system and powers of the National Audit Office shall be established by law.

The National Audit Office shall be headed by the Auditor General, who shall be appointed for a five-year term by the Seimas upon submission by the President of the Republic.

Before taking office, the Auditor General shall take an oath. The oath shall be established by law.

 

Article 134


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Article 134

 

The National Audit Office shall supervise the lawfulness of the possession and use of state-owned property and the execution of the State Budget.

The Auditor General shall submit a conclusion to the Seimas concerning the report on the annual execution of the budget.

 

Chapter XIII

Foreign Policy and National Defence

 

Article 135

 

In implementing its foreign policy, the Republic of Lithuania shall follow the universally recognised principles and norms of international law, shall seek to ensure national security and independence, the welfare of its citizens, and their basic rights and freedoms, and shall contribute to the creation of the international order based on law and justice.

In the Republic of Lithuania, war propaganda shall be prohibited.

 

Article 136

 

The Republic of Lithuania shall participate in international organisations provided that this is not in conflict with the interests and independence of the State.

 

Article 137

 

There may not be any weapons of mass destruction and foreign military bases on the territory of the Republic of Lithuania.

 

Article 138

 

The Seimas shall ratify or denounce the following international treaties of the Republic of Lithuania:

1) on the alteration of the boundaries of the State of the Republic of Lithuania;

2) on political co-operation with foreign states; mutual assistance treaties; as well as treaties of a defensive nature related to the defence of the State;

3) on the renunciation of the use of force or threatening by force; as well as peace treaties;

4) on the presence and status of the armed forces of the Republic of Lithuania on the territories of foreign states;

5) on the participation of the Republic of Lithuania in universal international organisations and regional international organisations;

6) multilateral or long-term economic treaties.

Laws, as well as international treaties, may also provide for other cases when the Seimas ratifies international treaties of the Republic of Lithuania.

International treaties ratified by the Seimas of the Republic of Lithuania shall be a constituent part of the legal system of the Republic of Lithuania.

 

Article 139

 

The defence of the State of Lithuania against a foreign armed attack shall be the right and duty of each citizen of the Republic of Lithuania.

The citizens of the Republic of Lithuania must perform military or alternative national defence service according to the procedure established by law.

The organisation of national defence shall be established by law.

 

Article 140


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Article 140

 

The main issues of national defence shall be considered and co-ordinated by the State Defence Council, which consists of the President of the Republic, the Prime Minister, the Speaker of the Seimas, the Minister of National Defence, and the Commander of the Armed Forces. The State Defence Council shall be headed by the President of the Republic. The procedure for its formation and activities, as well as its powers, shall be established by law.

The President of the Republic shall be the Commander-in-Chief of the Armed Forces of the State.

The Government, the Minister of National Defence, and the Commander of the Armed Forces shall be responsible to the Seimas for the administration and command of the armed forces of the State. The Minister of National Defence may not be a serviceman who is not yet retired to the reserve.

 

Article 141

 

Persons performing actual military service or alternative service, as well as the officers, non-commissioned officers, re-enlistees of the national defence system, the police, and the interior, and other paid officials of paramilitary and security services who are not retired to the reserve, may not be Members of the Seimas, members of municipal councils or municipal mayors. They may not hold any elective or appointive office in the civilian state service, or participate in the activities of political parties or organisations.

 

Article 142

 

The Seimas shall impose martial law, announce mobilisation or demobilisation, or adopt the decision to use the armed forces when the need arises to defend the Homeland or to fulfil the international obligations of the State of Lithuania.

In the event of an armed attack threatening the sovereignty of the State or its territorial integrity, the President of the Republic shall immediately adopt a decision on defence against the armed aggression, impose martial law throughout the State or in its separate part, or announce mobilisation, and submit these decisions for approval at the next sitting of the Seimas, or immediately convene an extraordinary session in the period between sessions of the Seimas. The Seimas shall approve or overrule the decision of the President of the Republic.

 

Article 143

 

If a regular election must be held in time of war actions, either the Seimas or the President of the Republic shall adopt the decision to extend the term of powers of the Seimas, the President of the Republic, or municipal councils and municipal mayors. In such a case, elections must be called not later than three months after the end of the war.

 

Article 144


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Article 144

 

When a threat arises to the constitutional system or social peace in the State, the Seimas may declare a state of emergency throughout the territory of the State or in any part thereof. The period of the state of emergency shall not exceed six months.

In cases of urgency, between sessions of the Seimas, the President of the Republic shall have the right to adopt a decision on the state of emergency and convene an extraordinary session of the Seimas for the consideration of this issue. The Seimas shall approve or overrule the decision of the President of the Republic.

The state of emergency shall be regulated by law.

 

Article 145

 

Upon the imposition of martial law or the declaration of a state of emergency, the rights and freedoms specified in Articles 22, 24, 25, 32, 35, and 36 of the Constitution may temporarily be limited.

 

Article 146

 

The State shall take care of and provide for servicemen who lose their health during military service, as well as for the families of servicemen who lose their lives or die during military service.

The State shall also provide for citizens who lose their health while defending the State, as well as for the families of citizens who lose their lives or die in defence of the State.

 

Chapter XIV

The Alteration of the Constitution

 

Article 147

 

A motion to alter or supplement the Constitution of the Republic of Lithuania may be submitted to the Seimas by a group of not less than 1/4 of all the Members of the Seimas or not less than by 300,000 voters.

During a state of emergency or martial law, the Constitution may not be amended.

 

Article 148

 

The provision “The State of Lithuania shall be an independent democratic republic” of Article 1 of the Constitution may be altered only by referendum if not less than 3/4 of the citizens of Lithuania with the electoral right vote in favour thereof.

The provisions of the First Chapter “The State of Lithuania” and the Fourteenth Chapter “The Alteration of the Constitution” may be altered only by referendum.

Amendments to the Constitution concerning other chapters of the Constitution must be considered and voted at the Seimas twice. There must be a break of not less than three months between the votes. A draft law on the alteration of the Constitution shall be deemed adopted by the Seimas if, during each of the votes, not less than 2/3 of all the Members of the Seimas vote in favour thereof.

A failed amendment to the Constitution may be submitted to the Seimas for reconsideration not earlier than after one year.

 

Article 149


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Article 149

 

The President of the Republic shall sign an adopted law on the alteration of the Constitution and officially promulgate it within five days.

If the President of the Republic does not sign and promulgate such a law within the specified time, this law shall come into force when the Speaker of the Seimas signs and promulgates it.

A law on the alteration of the Constitution shall come into force not earlier than one month after its adoption.

 

Final Provisions

 

Article 150

 

The constituent part of the Constitution of the Republic of Lithuania shall be:

The Constitutional Law “On the State of Lithuania” of 11 February 1991;

The Constitutional Act “On the Non-Alignment of the Republic of Lithuania to Post-Soviet Eastern Unions” of 8 June 1992;

The Law “On the Procedure for the Entry into Force of the Constitution of the Republic of Lithuania” of 25 October 1992;

The Constitutional Act “On Membership of the Republic of Lithuania in the European Union” of 13 July 2004.

 

Article 151

 

This Constitution of the Republic of Lithuania shall come into force on the day following the official publication of the results of the Referendum provided that more than half of the citizens of the Republic of Lithuania with the electoral right give their consent to this Constitution in the Referendum.

 

Article 152

 

The procedure for the entry into force of this Constitution and separate provisions thereof shall be regulated by the Law of the Republic of Lithuania “On the Procedure for the Entry into Force of the Constitution of the Republic of Lithuania”, which, together with this Constitution of the Republic of Lithuania, shall be adopted by referendum.

 

Article 153

 

After the adoption of this Constitution of the Republic of Lithuania by referendum, the Seimas of the Republic of Lithuania, by 25 October 1993, may alter, by a 3/5 majority vote of all the Members of the Seimas, the provisions of this Constitution of the Republic of Lithuania contained in Articles 47, 55, 56, Item 2 of the second paragraph of Article 58, in Articles 65, 68, 69, Items 11 and 12 of Article 84, the first paragraph of Article 87, in Articles 96, 103, 118, and in the fourth paragraph of Article 119.

 

Article 154

 

The Constitution of the Republic of Lithuania and the Law of the Republic of Lithuania “On the Procedure for the Entry into Force of the Constitution of the Republic of Lithuania”, adopted by referendum, shall be signed and, within 15 days, promulgated by the Chairman of the Supreme Council of the Republic of Lithuania.


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CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 6 November 1992

 

 

 

CONSTITUENT PART OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

THE CONSTITUTIONAL LAW OF THE REPUBLIC OF LITHUANIA ON THE STATE OF LITHUANIA

 

The Supreme Council of the Republic of Lithuania,

taking account of the fact that, during the general poll (plebiscite) held on 9 February 1991, more than three-quarters of the population of Lithuania with the active electoral right voted by secret ballot that “the State of Lithuania would be an independent democratic republic”,

emphasising that, by this expression of sovereign powers and will, the Nation of Lithuania once again confirmed its unchanging stand on the independent State of Lithuania;

interpreting the results of the plebiscite as the common determination to strengthen and defend the independence of Lithuania and to create a democratic republic, and

executing the will of the Nation of Lithuania,

adopts and solemnly proclaims this Law.

 

Article 1

 

The statement “The State of Lithuania shall be an independent democratic republic” is a constitutional norm of the Republic of Lithuania and a fundamental principle of the State.

 

Article 2

 

The constitutional norm and the fundamental principle of the State as formulated in the first article of this Law may be altered only by a general poll (plebiscite) of the Nation of Lithuania provided that not less than three-quarters of the citizens of Lithuania with the active electoral right vote in favour thereof.

 

CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 11 February 1991

No. I-1051

 

 

THE CONSTITUTIONAL ACT OF THE REPUBLIC OF LITHUANIA ON THE NON-ALIGNMENT OF THE REPUBLIC OF LITHUANIA TO POST-SOVIET EASTERN UNIONS


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The Supreme Council of the Republic of Lithuania,

invoking the 16 February 1918 and 11 March 1990 Acts on the Restoration of the Independent State of Lithuania and acting upon the will of the entire Nation, as expressed on 9 February 1991, and

witnessing the attempts to preserve, in any form, the former Union of Soviet Socialist Republics with all its conquered territories, and the intentions to draw Lithuania into the defensive, economic, financial, and other “spaces” of the post-Soviet Eastern bloc,

 

r e s o l v e s:

 

1. To develop mutually advantageous relations with each state that was formerly a component of the USSR, but never join, in any form, any new political, military, economic, or other unions or commonwealths of states formed on the basis of the former USSR.

2. Any activities seeking to draw the State of Lithuania into the unions or commonwealths of states specified in the first article of this Constitutional Act shall be regarded as hostile to the independence of Lithuania, and liability for them shall be established by law.

3. There may be no military bases or army units of Russia, or the Commonwealth of Independent States or its constituent states, on the territory of the Republic of Lithuania.

 

CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 8 June 1992

No. I-2622

 

 

THE LAW OF THE REPUBLIC OF LITHUANIA ON THE PROCEDURE FOR THE ENTRY INTO FORCE OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

Article 1

 

Upon the entry into force of the Constitution of the Republic of Lithuania, the Provisional Basic Law of the Republic of Lithuania shall become null and void.

 

Article 2

 

Laws, as well as other legal acts or parts thereof, that were in force on the territory of the Republic of Lithuania prior to the adoption of the Constitution of the Republic of Lithuania shall be effective inasmuch as they are not in conflict with the Constitution and this Law, and shall remain in force until they are either declared null and void or brought in line with the provisions of the Constitution.

 

Article 3

 

The provisions of the laws of the Republic of Lithuania that regulate the status of the supreme institutions of state power and governance of the Republic of Lithuania, as well as the status of deputies and municipal councils, shall be in force until the elected Seimas decides otherwise.

 

Article 4


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Article 4

 

The powers of the Supreme Council of the Republic of Lithuania and its deputies shall cease from the moment when the elected Seimas of the Republic of Lithuania convenes for its first sitting.

The Members of the Seimas of the Republic of Lithuania shall convene for the sitting on the third working day after the official announcement by the Central Electoral Commission, following both election rounds, that not less than 3/5 of all the Members of the Seimas have been elected.

 

Article 5

 

The following text of the oath for a Member of the Seimas of the Republic of Lithuania shall be established:

“I (full name),

swear to be faithful to the Republic of Lithuania;

swear to respect and uphold its Constitution and laws and to protect the integrity of its lands;

swear to strengthen, to the best of my ability, the independence of Lithuania, and to conscientiously serve my Homeland, democracy, and the welfare of the people of Lithuania.

So help me God.”

The oath may also be taken by omitting the last sentence.

 

Article 6

 

During the period when there is still no President of the Republic, the legal situation shall be equivalent to the situation provided for in Article 89 of the Constitution of the Republic of Lithuania.

When necessary, the Seimas may, by a majority vote of more than half of all the Members of the Seimas, extend the terms provided for in Article 89, but for no longer than a four-month period.

 

Article 7

 

The justices of the Constitutional Court of the Republic of Lithuania and, from among them, the President of the Constitutional Court must be appointed not later than one month after the election of the President of the Republic.

When the justices of the Constitutional Court are appointed for the first time, three of them shall be appointed for a three-, three for a six-, and three for a nine-year term.

The President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court, when proposing candidates to be appointed as justices of the Constitutional Court, shall indicate who of them should be appointed for a three-, who for a six-, and who for a nine-year term.

The justices of the Constitutional Court who will be appointed for three- or six-year terms may hold the same office for one more term of office after an interval of not less than three years.

 

Article 8

 

The provisions of the third paragraph of Article 20 of the Constitution of the Republic of Lithuania shall become applicable after the laws of the Republic of Lithuania on criminal procedure have been brought in line with this Constitution.


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CHAIRMAN OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA

VYTAUTAS LANDSBERGIS

Vilnius, 6 November 1992

 

 

 

THE CONSTITUTIONAL ACT OF THE REPUBLIC OF LITHUANIA ON MEMBERSHIP OF THE REPUBLIC OF LITHUANIA IN THE EUROPEAN UNION


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The Seimas of the Republic of Lithuania,

executing the will of the citizens of the Republic of Lithuania, as expressed in the referendum on membership of the Republic of Lithuania in the European Union, held on 10-11 May 2003,

expressing its conviction that the European Union respects human rights and fundamental freedoms and that Lithuanian membership in the European Union will contribute to the more efficient securing of human rights and freedoms,

noting that the European Union respects the national identity and constitutional traditions of its Member States,

seeking to ensure the fully fledged participation of the Republic of Lithuania in the European integration, as well as the security of the Republic of Lithuania and welfare of its citizens,

having ratified, on 16 September 2003, the Treaty Between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic Concerning the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic to the European Union, signed on 16 April 2003 in Athens,

adopts and proclaims this Constitutional Act:

1. The Republic of Lithuania as a Member State of the European Union shall share with or confer on the European Union the competences of its state institutions in the areas provided for in the founding Treaties of the European Union and to the extent it would, together with the other Member States of the European Union, jointly meet its membership commitments in those areas, as well as enjoy membership rights.

2. The norms of European Union law shall be a constituent part of the legal system of the Republic of Lithuania. Where it concerns the founding Treaties of the European Union, the norms of European Union law shall be applied directly, while in the event of the collision of legal norms, they shall have supremacy over the laws and other legal acts of the Republic of Lithuania.


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3. The Government shall inform the Seimas about the proposals to adopt the acts of European Union law. As regards the proposals to adopt the acts of European Union law regulating the areas that, under the Constitution of the Republic of Lithuania, are related to the competences of the Seimas, the Government shall consult the Seimas. The Seimas may recommend to the Government a position of the Republic of Lithuania in respect of these proposals. The Seimas Committee on European Affairs and the Seimas Committee on Foreign Affairs may, according to the procedure established by the Statute of the Seimas, submit to the Government the opinion of the Seimas concerning the proposals to adopt the acts of European Union law. The Government shall assess the recommendations or opinions submitted by the Seimas or its Committees and shall inform the Seimas about their execution following the procedure established by legal acts.

4. The Government shall consider the proposals to adopt the acts of European Union law following the procedure established by legal acts. As regards these proposals, the Government may adopt decisions or resolutions for the adoption of which the provisions of Article 95 of the Constitution are not applicable.


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The Law Supplementing the Constitution of the Republic of Lithuania with the Constitutional Act “On Membership of the Republic of Lithuania in the European Union” and Supplementing Article 150 of the Constitution of the Republic of Lithuania (No. IX-2343) of 13 July 2004,

Valstybės žinios (Official Gazette), 2004, No. 111-4123


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APPROVED BY

Law No IX-926

of 4 June 2002

 

REPUBLIC OF LITHUANIA

 

LABOUR CODE

 

(As last amended on 9 December 2010 – No XI-1219)

 

PART I

GENERAL PROVISIONS

 

CHAPTER I

LABOUR LAWS AND RELATIONSHIPS REGULATED BY LABOUR LAWS

 

Article 1. Relationships Regulated by the Labour Code of the Republic of Lithuania


1. This Code shall regulate employment relationships connected with the exercise and protection of employment rights and the fulfilment of employment obligations established in this Code and other regulatory acts.


2. The limits of regulation of individual spheres of employment relationships shall be established by this Code, as well as by other laws and Government resolutions in accordance with the limits established by this Code.

 


Article 2. Principles of Legal Regulation of Employment Relationships


1. The regulation of relationships referred to in Article 1 of this Code shall be subject to the following principles:


1) freedom of association;


2) freedom of choice of employment;


3) state aid to persons in realising the right to employment;


4) equality of subjects of labour law irrespective of their gender, sexual orientation, race, nationality, language, origin, citizenship and social status, religion, marital and family status, age, beliefs or views, membership in political parties and public organisations, factors that are not related to the employee's professional qualities;


5) provision of safe and healthy working conditions;


6) fair remuneration for work;


7) prohibition of all forms of forced and compulsory labour;


8) stability of employment relationships;


9) uniformity of labour laws and their differentiation on the basis of working conditions and psychophysical qualities of employees;


10) freedom of collective bargaining for the purpose of reconciliation of interests of employees, employers and the state;


11) liability of the parties to collective agreements for their obligations.


2. The state must support the implementation of employment rights. Employment rights may in exceptional cases be restricted only by law or by a court decision where such restrictions are necessary in order to protect public order, the principles of public morals, as well as the health, life, property, rights and legitimate interests of members of the public.


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Article 3. Sources of Labour Law


1. The sources of labour law shall comprise the Constitution of the Republic of Lithuania, international treaties to which the Republic of Lithuania is a party, EU legal norms regulating employment relationships, this Code, other laws and regulatory acts consistent with these laws, regulatory provisions of collective agreements.


2. Government resolutions and other regulatory acts may regulate employment relationships only in the cases and to the extent determined by this Code and other laws.

 


Article. 4. Labour Laws and other Regulatory Acts


1. Labour laws shall establish:


1) the scope, tasks and principles of labour law;


2) legal grounds of the employment of the population;


3) rules for concluding and implementing collective agreements, as well as the liability of the parties for their obligations;


4) conditions of remuneration for work in enterprises, establishments and organisations financed from the state and municipal budgets;


5) maximum working time and minimum rest periods;


6) the amount of minimum benefits, guarantees, compensations and the level of other employment rights;


7) basic employee safety and health standards and rules;


8) rights of trade unions and other employees' representatives in the sphere of employment;


9) basic provisions of professional education and in-service training;


10) grounds for ensuring labour discipline;


11) conditions and amount (limits) of material liability;


12) basic provisions of the supervision of and control over compliance with labour laws.


2. The Government, other state and municipal institutions shall have the right to adopt, within their respective competence, regulatory acts on the issues relating to the regulation of employment relationships. The Government may not adopt regulatory acts putting employees in a worse position as compared to that established by this Code and other labour laws. The provisions of regulatory acts of other state and municipal institutions putting employees in a worse position as compared to that established by this Code and other labour laws shall be null and void.


3. Enterprises, establishments and organisations may, within their respective competence and in the manner prescribed by laws, adopt internal (local) regulatory acts establishing working conditions other than those regulated by labour laws and other regulatory acts referred to in paragraphs 1 and 2 of this Article, as well as providing for work, social and household allowances to employees or their groups in addition to those established by laws and other regulatory acts.


4. Tripartite agreements, collective agreements and internal (local) regulatory acts on working conditions putting employees in a worse position as compared to that established by this Code, laws and other regulatory acts shall be null and void. In the cases where this Code and other laws do not directly prohibit subjects of legal employment relationships from establishing, of their own accord and by agreement, mutual rights and obligations, these subjects must observe the principles of equity, reasonableness and fairness.


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Article 5. Scope of Labour Laws


1. Labour laws and other regulatory acts shall be applied to employment relationships in the territory of the Republic of Lithuania regardless of whether a person is employed in Lithuania or has been posted by his employer abroad.


2. Employment relationships which arise when persons are employed on board ships or on board aircraft shall be regulated by labour laws and other regulatory acts of the Republic of Lithuania when these ships are flying the national flag of the Republic of Lithuania or the aircraft is marked with the symbols of Lithuania. Labour laws, other regulatory acts of the Republic of Lithuania shall be applied to persons working on other means of transport if the employers who own these means of transport fall within the jurisdiction of the Republic of Lithuania.


3. Where an employer is a foreign state, the Government or an administrative unit or a unit operating as a diplomatic mission, foreign organisation or person, laws and other  regulatory acts of the Republic of Lithuania shall  apply to employment relationships with residents of the Republic of Lithuania to the extent they do not violate diplomatic immunity.


4. (Repealed).

 


Article 6. Application of Foreign Law


1. Foreign law shall apply to employment relationships where this is provided for by international treaties to which the Republic of Lithuania is a party, laws of the Republic of Lithuania or agreements between the parties to the contract of employment.


2. Foreign law shall not apply where the application thereof is contrary to public order established by the Constitution and other laws of the Republic of Lithuania. In such cases labour laws of the Republic of Lithuania shall be applied.


3. The mandatory provisions of the labour law of the Republic of Lithuania shall be applied regardless of the fact that the parties have chosen to apply foreign law.


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Article 7. Law Applicable to Employment Relationships of International Character


1. The parties to a contract of employment may choose the law applicable both to the entire contract of employment and to a part thereof. The choice must be explicit or implicit from the conditions of the contract of employment or other circumstances. The choice by the parties of the applicable law shall not invalidate in the sphere of employee protection the mandatory legal provisions of the state whose laws would apply in the absence of an agreement between the parties on the applicable law.


2. In case of failure by the parties to choose the applicable law by an agreement between them, the said law shall be chosen based on the following principles:


1) in case of permanent employment in one state, the labour law of that state shall be applied irrespective of the employee temporarily working in another state;


2) if the employee has no permanent employment in any state, the labour law of the state where the employer has his principal place of business (headquarters) shall be applied;


3) if all the existing circumstances allow to conclude that employment relationships are connected to a greater extent with the state other than the one whose law is applicable according to the principles listed in paragraphs 2(1) and 2(2) of this Article, the labour law of that other state with which these employment relationships are connected to the greatest extent shall be applied.

 


Article 8. International Treaties


1. Where international treaties to which the Republic of Lithuania is a party establish rules other than those laid down by this Code and other labour laws of the Republic of Lithuania, the rules of the international treaties to which the Republic of Lithuania is a party shall be applied.


2. International treaties to which the Republic of Lithuania is a party shall be directly applied to employment relationships, except in cases where international treaties provide that the application thereof requires a special regulatory act of the Republic of Lithuania.

 


Article 9. Analogy of Law and Legislation


1. Where labour law has no direct provision regulating a certain relationship, the provisions of labour law regulating a similar relationship shall apply.


2. Where the analogy of labour regulatory acts cannot be applied, provisions of other branches of law regulating similar relationships shall apply according to the basic principles and spirit of labour laws.


3. Application by analogy of special legal provisions establishing exceptions from the general rules shall not be allowed.


4. Where relationships referred to in Article 1 of this Code are not regulated by labour regulatory acts, and provisions of other branches of law which regulate similar relationships may not be applied to them, the arising disputes shall be settled subject to the principles listed in paragraph 1 of Article 2.


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Article 10. Principles of Interpretation of Provisions of the Labour Code


1. The provisions of this Code shall be interpreted having regard to the system and structure of the Code in order to ensure the uniformity of the Code and the compatibility of its individual constituent parts.


2. The words and word combinations used in the Code shall be interpreted in their general meaning except for the cases when it can be inferred from the context that the word or combination of words is used in its special – legal, technical or other – meaning. In case of a contradiction between the general and special meaning of a word, the special meaning of the word shall be given priority.


3. When determining the actual meaning of the provision, the tasks and objectives of the Code and the provision being interpreted shall be taken into account.

 


Article 11. Implementation of Labour Laws


1. In case of a contradiction between a provision of this Code and provisions of another law or regulatory act, the provision of this Code shall apply.


2. Should there be contradictions between the provisions of labour regulatory acts, the provision which is more beneficial for the employee shall apply.

 


Article 12. Validity of Labour Laws

Labour laws and other regulatory acts regulating employment relationships shall have no retroactive effect.

 


CHAPTER II

SUBJECTS OF LABOUR LAW

 


Article 13. General Legal Capacity of Natural Persons in Employment Relationships


1. Capacity to have employment rights and obligations (legal capacity in employment relationships) shall be recognised equally to all citizens of the Republic of Lithuania. Foreign nationals and stateless persons, who are permanently residing in the Republic of Lithuania, shall have the same legal capacity in employment relationships in the Republic of Lithuania as its citizens. Exceptions may be provided for by laws.


2. A person shall acquire full legal capacity in employment relationships and capacity to acquire employment rights and undertake employment obligations when he reaches sixteen years of age. Exceptions shall be provided for by this Code and other labour laws.

 


Article 14. General Legal Capacity of Employers in Employment Relationships


1. Employers shall acquire general legal capacity in employment relationships from the moment of their establishment.


2. Employers shall acquire employment rights and undertake employment obligations as well as exercise the above rights and fulfil the above obligations through their bodies and administration. The said bodies shall be formed and act in accordance with laws and the activity documents of employers. Owners of individual (personal) enterprises, farmers and employers-natural persons may exercise employment rights and fulfil employment obligations themselves.

 


Article 15. Employee

An employee is a natural person having general legal capacity in employment relationships pursuant to Article 13 of this Code and employed under a contract of employment for remuneration.


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Article 16. Employer


1. An employer may be an enterprise, establishment, organisation or any other organisational structure irrespective of the form of ownership, legal form, type and nature of activities, which has general legal capacity in employment relationships pursuant to Article 14 of this Code.


2. An employer may also be any natural person. General legal capacity of an employer (natural person) shall be regulated by the Civil Code.

 


Article 17. Staff

The staff shall comprise all employees connected with the employer by employment relationships.

 


CHAPTER III

REPRESENTATION OF LABOUR LAW SUBJECTS

 


Article 18. Basic Principles of Representation


1. Employees and employers may acquire, change, waive or defend employment rights and obligations through the entities representing them. Employees and employers may be represented both in collective and individual employment relationships. Representation in collective employment relationships shall be regulated by this Code, whereas representation in individual employment relationships shall be regulated by the Civil Code insofar as such regulation is consistent with this Code.


2. Representation in collective employment relationships based on the effective labour laws shall occur without the expression of will of an individual employee provided that such entity or person represents the will of the majority of employees. Joint obligations assumed under such representation shall be binding on all the employees who fall within the scope of such obligations, even though individually they have not given special authorisation to the entity of collective representation.

 


Article 19. Employees' Representatives


1. The rights and interests of employees under employment relationships may be represented and protected by trade unions. Where an enterprise, establishment or organisation has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity, the employees shall be represented by the works council elected by secret ballot at a general staff meeting.


2. The interests of both the employees and the employers may not be represented and protected by one and the same person.

 


Article 20. Trade Unions

When protecting employment, professional, economic and social rights and interests of the employees, trade unions shall be guided by laws regulating the activities of trade unions, this Code and their respective regulations.

 


Article 21. Works Council


1. The status of works councils and the procedure of their formation shall be established by law.


2. The works council shall have all the rights of the entities of collective representation where an enterprise, establishment or organisation has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity (paragraph 1 of Article 19 of the Code).


3. The works council may not perform functions recognised under laws as the prerogative of trade unions.


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Article 22. Rights of Employees' Representatives


1. The employees' representatives shall have the following main rights of collective representation:


1) to conclude collective agreements, supervise the implementation thereof;


2) to submit proposals to the employer concerning the organisation of work in the enterprise;


3) to organise and manage strikes and other lawful measures which the employees have the right to take;


4) to submit proposals to state and municipal institutions;


5) to exercise non-governmental supervision of and control over compliance with labour laws;


6) to protect the rights and interests of the employees when the employer takes decisions concerning collective redundancies, the reorganisation of the enterprise, establishment or organisation and other decisions that are likely to have substantial effects on the legal status of the employees;


7) to receive information and have consultations with employers about the current and future activities of the enterprise (structural division), its economic situation and the status of employment relationships, as well as prior to taking decisions that are likely to have substantial effects on the organisation of work in the enterprise and the legal status of the employees;


8) to appeal to the court against decisions and actions of the employer and persons authorised by him if the said decisions and actions are contrary to legal norms and agreements or violate the rights of the represented person.


2. The entities representing the employees shall also carry out other actions representing the interests of the employees in employment relationships as well as complying with laws and not interfering with bona fide relationships between the parties. If the competence of the employees' representatives is not defined by laws, the remit of their competence shall be determined by the staff in the collective agreement.


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Article 23. Employers' Rights and Obligations Relating to the Employees' Representatives


1. An employer must:


1) respect the rights of the employees' representatives and not interfere with their activities. The activities of the employees' representatives may not be terminated at the employer's will;


2) when making decisions that may affect the legal status of the employees, hold consultations with the employees' representatives and, in cases provided for by laws, obtain their consent;


3) not delay collective bargaining;


4) consider the proposals submitted by the employees' representatives within the term set in this Code or, where no term is set, within one month and give a reasoned  response thereto in writing;


5) provide free of charge the minimum information on work-related issues concerning the activities of the enterprise;


6) provide conditions for the employees' representatives to perform their functions;


7) perform other obligations provided for by collective agreements;


8) ensure other rights of the employees' representatives provided for by laws.


2. Should the employees' representatives infringe the employer's rights, laws or agreements, the employer shall have the right to apply to the court in accordance with the procedure established by laws requesting termination of the activity infringing his rights, laws or agreements.


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Article 24. Representatives of Employers


1. An employer shall be represented both in collective and individual employment relationships by the manager of an enterprise, establishment or organisation. Employers may also be represented in enterprises by other persons (the administration) under the law or authorisation. The administration shall be comprised of officers who are entitled to give binding directions within their competence to the employees subordinate to them. The officers of the administration shall carry out operational management of an enterprise, establishment and organisation in accordance with laws and founding documents of the respective enterprise, establishment and organisation.


2. The manager of an enterprise, establishment or organisation shall be entitled, within his competence, to delegate part of his powers in the sphere of labour law to a natural or legal person.


3. Employers shall be represented in the social partnership on the national, sectoral (production, services, professional), territorial (municipality, county) level by employers’ organisations (their associations, federations, confederations, etc.). Employers’ organisations shall mean public legal persons operating under the Law on Associations, which represent the rights and interests of their member employers in the social partnership in accordance with their articles of association (statutes).


4. Employers which are enterprises, establishments or organisations financed from the state and municipal budgets, the budget of the State Social Insurance Fund and resources of other funds established by the State shall be represented in the social partnership on the national, sectoral (production, services, professional), territorial (municipality, county) level by the founder of the respective enterprise, establishment and organisation or an institution authorised by it, which has the rights and obligations of an employers’ organisation set forth in this Code.

 


CHAPTER IV

TIME LIMITS

 


Article 25. Definition of a Time Limit


1. A time limit set by a labour law, agreement or decision of a labour dispute (conflict) resolution body may be defined by a calendar date or a certain time period. 


2. A time limit may also be defined by reference to an event that must inevitably occur.


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Article 26. Calculation of Time Limits


1. A time limit defined by a certain time period shall start on the day following the calendar day or event that marks the beginning of the time limit.


2. Time limits calculated in years, months or weeks shall end on the relevant day of the year, month or week. Where a time limit calculated in months ends in the month which does not have an appropriate day, the time limit shall end on the last day of the month. Where it is not possible to determine exactly the starting month of the time limit which is calculated in years or the starting day of the time limit which is calculated in months, the last day of the time limit shall be considered to be, accordingly, the thirtieth day of June or the fifteenth day of the month.


3. A time limit defined by weeks or calendar days shall also cover weekends and holidays. Should the last day of the time limit fall on a non-working day, the next working day thereafter shall be considered as the end of the time limit. Unless otherwise established by laws, a time limit calculated in days shall be calculated in calendar days.


4. If a time limit is set for the performance of a certain action, the action may be performed by 24.00 (midnight) of the last day of the time limit. However, if an action has to be performed in a certain enterprise, establishment or organisation, the time limit shall expire at the hour when appropriate operations are terminated in that enterprise, establishment or organisation.


5. Written applications and notices delivered to the post office, telegraph or any other communications institution by 24.00 (midnight) of the last day of the time limit shall be considered to have been filed on time.

 


Article 27. Limitation of Actions


1. Limitation of actions shall mean a period of time specified by laws within which a person may bring an action in defence of his infringed rights.


2. The general period of limitation for relationships regulated by this Code shall be three years, unless shorter periods of limitation of actions are established for individual claims by this Code or other labour laws.


3. There shall be no limitation of actions regarding employee's claims for defence of his honour and dignity.


4. Labour laws may provide that limitation of actions shall not apply with respect to certain other claims.


5. Unless this Code and other labour laws contain special provisions regarding the application of limitation of actions, the provisions of the Civil Code and the Code of Civil Procedure shall apply to limitation of actions.


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Article 28. Extinctive Time Limits


1. Labour laws may establish time limits upon the expiry whereof rights and obligations related thereto shall extinguish (extinctive time limits).


2. Extinctive time limits, save for the exceptions set forth in labour laws, may not be suspended, extended or renewed.

 


Article 29. Procedural Time Limits

The time limits set in labour laws for out-of-court and judicial proceedings shall be subject to the provisions of the Code of Civil Procedure relating to the application and calculation of these time limits, save for the exceptions set forth in labour laws.

 


Article 30. Length of Service


1. Length of service shall mean a period of time during which a person had employment relationships regulated by this Code, as well as other periods which under regulatory acts or collective agreements may be included in the length of service which is taken into account by labour laws, other regulatory acts and collective agreements with regard to certain employment rights or additional guarantees and privileges. Length of service may be:


1) general, covering all periods of time when a person had legal employment relationships, as well as other periods that may be included in the length of service;


2) special, covering periods of employment in a certain profession, speciality or in a certain office or under certain working conditions, as well as periods that may be included in the special length of service;


3) length of service in a particular enterprise, establishment or organisation which covers the period of employment with the respective employer, as well as periods which may be included in the above length of service. Any change of the owner of the enterprise, establishment or organisation or changes in their subordination, their founders or names, as well as their merger or division by the formation of a new enterprise, establishment or organisation, division by acquisition, or merger by acquisition shall not affect the length of service in the respective enterprise, establishment or organisation;


4) uninterrupted period of service covers the period of employment in one enterprise, establishment, organisation or several enterprises, establishments or organisations if the person is transferred from one place of employment to another by agreement between the employers or on other grounds without interrupting the length of service or provided that the break in employment is within the set time limits.


2. The procedure for calculating the length of service, as specified in paragraphs 1(2), 1(3) and 1(4) of this Article, in enterprises, establishments and organisations financed from the state or municipal budgets shall be laid down by the Government and in other places of employment – by collective agreements.

 


CHAPTER V

CONTROL OVER COMPLIANCE WITH LABOUR LAWS


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CHAPTER V

CONTROL OVER COMPLIANCE WITH LABOUR LAWS

 


Article 31. Bodies Exercising Control over Compliance with Labour Laws

Control over compliance with labour laws, other regulatory acts and collective agreements shall be exercised by state and non-state bodies.

 


Article 32. State Control over Compliance with Labour Laws, Collective Agreements and Prevention of Infringements

Control over compliance by employers with the regulatory provisions of this Code, labour laws, other regulatory acts and collective agreements shall be exercised  and prevention of infringements of the said acts shall be effected by the State Labour Inspectorate and other institutions, within their competence established by laws.

 


Article 33. Non-state Control over Compliance with Labour Laws, Collective Agreements

Non-state control over compliance with labour laws, other regulatory acts, collective agreements shall be exercised by trade unions, inspectorates within their chain of command and other institutions operating in accordance with laws and other regulatory acts.

 


CHAPTER VI

EXERCISE AND PROTECTION OF EMPLOYMENT RIGHTS

 


Article 34. Grounds Giving Rise to Employment Rights and Obligations

Employment rights and obligations may arise, change or expire:


1) under this Code and other laws, contracts of employment, collective agreements and other arrangements which, though not provided for by laws, are not contrary to them;


2) under court judgements;


3) under administrative acts which result in legal consequences in employment matters;


4) as a result of the damage inflicted;


5) as a result of legal facts.

 


Article 35. Exercise of Employment Rights and Fulfilment of Employment Obligations


1. While exercising their rights and fulfilling their obligations, employers, employees and their representatives must comply with laws, respect the rules of communal life and act in good faith, adhere to the principles of reasonableness, equity and fairness. Abuse of one's right shall be prohibited.


2. Exercise of employment rights and fulfilment of employment obligations must not infringe upon other persons' rights and interests protected by laws. It shall be prohibited to hinder the formation of trade unions by the employees and to interfere with the lawful activities of the unions.


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Article 36. Protection of Employment Rights


1. Employment rights shall be protected by laws except in cases when the rights are exercised inconsistently with their purpose, public interests, peaceful work, good usages or the principles of public morals.


2. Employment rights shall be protected by the court or any other dispute resolution body in accordance with the procedure established by laws and in one of the following ways:


1) by recognising the said rights;


2) by restoring the situation that existed before the infringement of the right and preventing performance of the acts infringing upon the right;


3) by obligating to perform the obligation in kind;


4) by terminating or modifying the legal relationship;


5) by recovering from the person who has infringed upon the right the pecuniary or non-pecuniary damage or, in the cases prescribed by laws, also penalty charges or late payment interest;


6) in other ways established by laws.


3. By way of exception, only the courts shall have the prerogative to protect employment rights under laws in the following ways:


1) by recognising as invalid the acts adopted by state institutions or individual officers where the said acts are contrary to laws;


2) by not applying the act adopted by a state institution, municipality or individual officer where the said act is contrary to laws.


4. Employment rights shall be protected by trade unions in accordance with the procedure established by laws regulating their activities.


5. In the cases specifically established by labour laws employment rights shall be protected under administrative procedure.


6. A person whose right has been infringed may claim damages unless otherwise established by labour laws.


7. Labour honour and business repute shall be protected pursuant to the Civil Code except in cases where this Code or other laws establish other procedure and ways for protecting labour honour and business repute.

 


Article 37. Protection of Employment Rights by Employees Themselves

Employees shall be permitted to protect their employment rights themselves only in the cases established by this Code.

 


Article 38. Liability

Liability for any infringement of the rights and obligations established by this Code shall be determined by this Code, laws, other regulatory acts, collective agreements and other arrangements.

 


PART II

COLLECTIVE EMPLOYMENT RELATIONSHIPS

 


CHAPTER VII

GENERAL PROVISIONS

 


Article 39. Reconciliation of Interests of Subjects of Employment Relationships

With the view of embodying social partnership, this Code and other laws shall establish that social partnership may be realised by way of  bargaining and agreements.


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Article 40. Concept and Principles of Social Partnership


1. Social partnership shall mean the system of interrelationships between representatives of employees and employers and their organisations and, in certain cases specified by this Code and other laws, also state institutions with a view to reconciling the interests of the subjects of employment relationships.


2. Social partnership shall be based on the following principles:


1) free collective bargaining;


2) voluntary and independent assumption of responsibilities binding the parties;


3) inviolability of the existing legal system;


4) actual fulfilment of responsibilities;


5) provision of objective information;


6) mutual control and accountability;


7) equality of parties, goodwill and respect for legitimate mutual interests.

 


Article 41. Parties of Social Partnership

Representatives of employees and employers and their organisations shall be considered to be parties of social partnership – social partners. In case of a tripartite social partnership the Government and municipal institutions shall participate in the partnership on an equal basis with representatives of employees and employers and their organisations.

 


Article 42. Levels of Social Partnership


1. Social partnership may be developed on the following levels:


1) national;


2) sector (production, services, professional);


3) territorial (municipality, county);


4) enterprises, establishments or organisations and their structural divisions.

 


Article 43. Forms of Social Partnership

Social partnership shall be implemented:


1) through participation in the activities of bipartite or tripartite councils (commissions, committees);


2) through the exercise by employees’ representatives of information and consultation rights and other rights of participation in the employer's decision-making processes;


3) by conducting collective bargaining and concluding collective agreements.

 


Article 44. System of Social Partnership

The system of social partnership shall be comprised of:


1) the Tripartite Council of the Republic of Lithuania;


2) other tripartite and bipartite councils (commissions, committees) formed in accordance with the procedure established by laws or collective agreements.


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Article 45. Tripartite Council of the Republic of Lithuania


1. By agreement between social partners, the Tripartite Council of the Republic of Lithuania (hereinafter – Tripartite Council) shall be formed from the equal number of members enjoying equal rights: representatives of central (national) trade unions, employers' organisations and the Government.


2. The functions, rights, procedure of formation, organisation of work of the Tripartite Council shall be established in the Regulations of the Tripartite Council. The Regulations shall be approved by the parties specified in paragraph 1 of this Article. The Regulations of the Tripartite Council shall be amended and supplemented in accordance with the same procedure. The Regulations of the Tripartite Council, amendments and supplements thereto shall come into force in the manner specified therein.


3. The Regulations of the Tripartite Council, amendments and supplements thereto shall be published in "Valstybės žinios" (Official gazette).


4. Representatives of trade unions, employers' organisations and the Government shall furnish the Tripartite Council with the necessary information on the issues under consideration.


5. The Tripartite Council may conclude trilateral agreements on employment relationships and associated social and economic conditions, also on the regulation of mutual relationships between the parties to the agreement.


6. The Tripartite Council's agreements shall be published in "Valstybės žinios" by orders of the Prime Minister and come into force in the manner prescribed for the Government resolutions.

 


Article 46. Other Trilateral and Bilateral Councils (Commissions, Committees)


1. Other trilateral or bilateral councils (commissions, committees) may be established in accordance with the procedure prescribed by laws or collective  agreements for addressing and resolving the issues of work, employment, employee safety and health and social policy implementation on the ground of trilateral and bilateral co-operation based on equal rights.


2. The procedure for the formation of such trilateral or bilateral councils (commissions, committees) and their functions shall be established in the regulations of the relevant councils (commissions, committees). In the cases established by laws these regulations shall be approved by the subjects specified by laws or the subjects of collective agreements.


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Article 47. Information and Consultation


1. The employees’ representatives shall have the right to information and consultation. Information shall mean the transfer of information (data) to the employees’ representatives for the purpose of introducing them to the substance of the matter. Consultation shall mean the exchange of views and the establishment and development of dialogue between the employees’ representatives and the employer.


2. The employer must regularly, at least once a year, inform the employees' representatives and hold consultations with them about the current and future activities of the enterprise (structural division), its economic situation and the status of employment relationships.


3. Prior to taking a decision on collective redundancies, the employer must inform the employees’ representatives and hold consultations with them. Information must cover the reasons for the projected redundancies, the total number of employees and the number of employees to be made redundant by category, the period over which employment contracts are to be terminated, the criteria for the selection of employees to be made redundant, the conditions for the termination of employment contracts and other relevant information. Consultations must be held with a view to avoiding collective redundancies or reducing the number thereof, or mitigating the consequences of such redundancies.


4. Prior to taking a decision on the reorganisation of the enterprise and other decisions that are likely to have substantial effects on the organisation of work in the enterprise and the legal status of the employees, the employer must inform the employees’ representatives and hold consultations with them about the reasons for such a decision, the legal, economic and social implications for the employees, as well as about any measures envisaged to avoid or mitigate the expected consequences.


5. Other cases, conditions and procedure of information and consultation shall be established by laws, collective agreements and agreements between the employer and the employees’ representatives.


6. In the case of information provision, the employer must provide the employees and their representatives with information in writing in a timely manner free of charge and shall be responsible for the correctness of such information. Upon submitting a written obligation not to reveal any commercial/industrial or professional secret, the employees or their representatives shall have the right of access to information which constitutes a commercial/industrial or professional secret but is necessary for the performance of their duties. The employees and their representatives, irrespective of where they are and regardless of the termination of employment relationships or powers of representation, shall be prohibited from using for any other purpose or disclosing to the third persons any information which has been communicated to them as a commercial/industrial or professional secret. Access to State, official secrets and liability for the disclosure or unlawful use thereof shall be regulated by special laws.


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7. Consultations concerning the information (data) communicated by the employer and the opinion expressed by the employees' representatives must be held in a timely manner, enabling employees' representatives to meet the competent decision-making representatives of the employer and obtain reasoned responses. Consultations must be held with a view to reaching a decision satisfactory to both the parties. The results of consultations shall be recorded in the minutes.


8. The employer may refuse in writing to provide any information which constitutes a commercial/industrial or professional secret, or to undertake consultation with the employees' representatives when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking concerned or would be prejudicial to it. The employees' representative, disagreeing with the decision of the employer, may, within one month, apply to the court. After the court’s ruling that the refusal to provide information or undertake consultation is unjustified, the employer in question shall be obligated to provide such information or undertake consultation within a reasonable period of time.


9. The specific features of information and consultation procedures in Community-scale undertakings, Community-scale groups of undertakings, European companies and European cooperative societies shall be established by special laws.


10. In the absence of employees' representatives in the undertaking, in the cases specified in paragraphs 3 and 4 of this Article, the employer must inform the employees in advance directly or at a general staff meeting about the date of the execution of decisions taken, the reasons for such decisions, their legal, economic and social implications, as well as about any measures envisaged in respect of employees.


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Article 48. Collective Bargaining


1. The subjects of collective employment relationships and their representatives shall reconcile their interests and settle disputes by way of negotiations. The party willing to negotiate shall present itself to the other party in the negotiations. The presentation shall be effected in writing and specify the reasons for negotiations. The party seeking negotiations must present clearly formulated demands or proposals.


2. The parties shall agree on the opening and procedure of the negotiations. In case of failure by the parties to reach an agreement on the above issue, the negotiations must be conducted within two weeks from the day the other party received the presentation for negotiations.


3. Collective bargaining must be conducted in good faith and without delay.


4. Parties to the collective agreement and their representatives shall have the right to demand from the other party to submit information on all issues relating to the negotiations. Information must be presented within one month from the day it was requested, unless otherwise agreed by the parties or their representatives.


5. The party which is bound to submit information shall have the right to demand the other party not to disclose the submitted information on other grounds. Disclosure of confidential information shall make the other party liable under laws.


6. The parties shall consult on the received information, the satisfaction of the submitted demands and their settlement procedure, the progress of negotiations and other issues.


7. Unless otherwise decided by the parties, the negotiations shall be deemed completed upon the signing of a collective agreement, drawing up of a protocol of disagreement or upon delivery by one of the parties to the other of a written notification of its withdrawal from the negotiations.

 


Article 49. Types of Collective Agreements

Collective agreements may be concluded on the following levels:


1) state (national) level;


2) sectoral (production, services, professional) or territorial (municipality, county) level;


3) enterprise (establishment, organisation) level or on the level of its structural division.

 


CHAPTER VIII

NATIONAL, SECTORAL AND TERRITORIAL COLLECTIVE AGREEMENT


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CHAPTER VIII

NATIONAL, SECTORAL AND TERRITORIAL COLLECTIVE AGREEMENT

 


Article 50. Contents of a National, Sectoral and Territorial Collective Agreement


1. A national, sectoral and territorial collective agreement shall be an agreement concluded in writing between trade union organisations (association, federation, centre, etc.) and employers' organisations (association, federation, confederation, etc.).


2. A collective agreement concluded on a sectoral level shall define the socio-economic development trends of the sector, the conditions of work organisation and remuneration for work as well as social guarantees of employees (professional groups).


3. A collective agreement concluded on a territorial level shall specify the conditions for dealing with certain work, socio-economic problems which reflect territorial peculiarities.


4. As a rule, the following shall be specified in a collective agreement concluded on a national, sectoral or territorial level:


1) terms and  conditions of remuneration for work, working time and rest periods, safety and health of the employees;


2) system of remuneration for work in the event of rising prices or increasing inflation;


3) conditions of speciality acquisition, in-service training and retraining;


4) social partnership support measures which help to avoid collective disputes, strikes;


5) procedure for determining, changing and revising work quotas, time worked, supply of services, number of employees;


6) other working, social and economic conditions which are important to the parties;


7) procedure for amending and supplementing the collective agreement, period of validity, control of execution, liability for the violation of the agreement, etc.

 


Article 51. Parties to a National, Sectoral and Territorial Collective Agreement


1. Parties to a national collective agreement shall be the central (national) trade union organisations and employers' organisations.


2. Parties to a sectoral collective agreement shall be the trade union organisations and employers’ organisations of an appropriate sector of industry (production, services, profession).


3. Parties to a territorial collective agreement shall be the trade union organisations and employers’ organisations acting in the specified territory (municipality, county).


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Article 52. Scope of a National, Sectoral or Territorial Collective Agreement


1. A national, sectoral and territorial collective agreement shall be applied in respect of those employers who:


1) were members of the associations of employers which signed the agreement;


2) joined the above associations after the signing of the agreement;


3) in the case specified in paragraph 4 of Article 24 of this Code, were included in the list of enterprises, establishments and organisations covered by the collective agreement attached to that national, sectoral or territorial collective agreement.


2. Where the provisions of a sectoral or territorial collective agreement are of consequence for an appropriate sector of production or profession, the Minister of Social Security and Labour may extend the scope of the sectoral or territorial collective agreement or separate provisions thereof, establishing that the agreement shall be applied with respect to the entire sector, profession, sphere of services or a certain territory if such a request has been submitted by one or several employees' or employers' organisations which are parties to the sectoral or territorial agreement.


3. Where several collective agreements are applicable in an enterprise, the provisions of the agreement which provide for more favourable conditions for the employees shall apply.

 


Article 53. Procedure for Drawing up a National, Sectoral or Territorial Collective Agreement


1. The drawing up of a national, sectoral and territorial collective agreement in accordance with the procedure established in Article 48 of this Code shall be initiated by the parties specified in Article 51 of the Code.


2. The procedure and time limits for drawing up, signing, supplementing and amending a national, sectoral and territorial collective agreement as well as other related issues shall be determined by the parties to the agreement.

 


Article 54. Registration of a National, Sectoral or Territorial Collective Agreement


1. A national, sectoral and territorial collective agreement shall be subject to registration upon application. The registration procedure shall be established by the Government. The national, sectoral and territorial collective agreement shall, within twenty days from the signing thereof, be submitted for registration by the party – the employers' organisation.


2. If the employers' organisation fails to register the national, sectoral and territorial collective agreement within the time limit set in paragraph 1 of this Article, the other party to the agreement – the trade union – shall acquire the right to submit the national, sectoral and territorial collective agreement for registration. The trade union shall submit the national, sectoral and territorial collective agreement for registration within ten days from the expiry of the time limit specified in paragraph 1 of this Article.


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Article 55. Validity of a National, Sectoral and Territorial Collective Agreement

A national, sectoral and territorial collective agreement shall enter into force from the day of its registration and be valid until the date specified therein or until the conclusion of a new national, sectoral or territorial collective agreement.

 


Article 56. Termination of a National, Sectoral and Territorial Agreement

A national, sectoral and territorial collective agreement may be terminated in the cases and in accordance with the procedure established therein.

 


Article 57. Control over the Implementation of a National, Sectoral and Territorial Collective Agreement

The implementation of a national, sectoral and territorial collective agreement shall be controlled by the parties to the agreement or persons authorised by them to that end, as well as by the institutions exercising control over compliance with labour laws.

 


Article 58. Settlement of Disputes Arising during the Conclusion and Implementation of National, Sectoral and Territorial Collective Agreements


1. Disputes arising over the conclusion and implementation of a national, sectoral and territorial agreement, as well as disputes over non-performance or improper performance of the collective agreement, leading to infringements of the collective interests and/or rights of employees shall be settled in accordance with the procedure established in Chapter X of this Code.


2. Disputes between individual employees and the employer over non-compliance or defective compliance with the normative provisions of the national, sectoral or territorial collective agreement shall be settled in accordance with the procedure for settling individual labour disputes (Chapter XIX of the Code).

 


CHAPTER IX

COLLECTIVE AGREEMENT OF AN ENTERPRISE

 


Article 59. Collective Agreement of an Enterprise and its Coverage


1. A collective agreement of an enterprise shall be a written agreement between the employer and the employees of the enterprise about working conditions, conditions of remuneration for work and other social and economic conditions. A collective agreement of an enterprise shall be concluded in all types of enterprises, establishments and organisations.


2. A collective agreement concluded in an enterprise shall be applicable to all the employees of the enterprise. Collective agreements may be concluded in branches, representative offices and structural divisions of the enterprise in accordance with the procedure established by the collective agreement of the enterprise and within the limits of the said collective agreement.


3. The specific features of conclusion of collective agreements of an enterprise in the national defence, police and state public administration services shall be established by laws regulating the activities of the respective services.


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Article 60. Parties to a Collective Agreement of an Enterprise


1. The parties to a collective agreement of an enterprise shall be the staff of the enterprise and the employer, who, for the purposes of concluding such an agreement, shall be represented by the trade union functioning in the enterprise and the manager of the enterprise or authorised administrative officers.


2. Where several trade unions are active in an enterprise, the collective agreement of the enterprise shall be concluded by the joint representation of the trade unions and the employer.


3. The joint representation of the trade unions shall be formed by agreement between the trade unions. If the trade unions fail to reach an agreement on the formation of the joint representation of the trade unions, the decision on the representation shall be adopted by a staff meeting (conference).


4. Where an enterprise has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity, a collective agreement may be concluded between the employer and the works council in accordance with the regulations for concluding collective agreements as established in this Chapter.

 


Article 61. Contents of a Collective Agreement of an Enterprise


1. The parties to a collective agreement of an enterprise shall lay down in the agreement the working, professional, social and economic conditions and guarantees which are not regulated by laws and other regulatory acts or by a national, sectoral or territorial collective agreement or which are not contrary to the above-mentioned acts and do not put employees in a worse position.


2. The following conditions may be included in the collective agreement of an enterprise:


1) conditions for concluding, changing and terminating contracts of employment;


2) conditions of remuneration for work (provisions regarding wage rates, basic salaries, bonuses, additional pays, other benefits and compensatory allowances, systems and forms of remuneration for work and provision of incentives, setting of work quotas, indexing and payment of wages and salaries and settlement procedure as well as other provisions);


3) working time and rest periods;


4) provision of safe and healthy working conditions, granting of compensatory allowances and other privileges;


5) acquisition of  a profession or speciality, in-service training, retraining and related guarantees and privileges, as well as guarantees provided during the period of vocational rehabilitation;


6) procedure for implementing the collective agreement of the enterprise;


7) exchange of information and consultations between the parties;


8) other working, economic and social conditions and provisions which are of consequence for the parties.


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Article 62. Drafting of a Collective Agreement of an Enterprise and its Consideration


1. A commission shall be set up by the parties on a parity basis for drafting a collective agreement of an enterprise. The composition of the commission shall be specified in the protocol to the agreement between the parties. The date of the signing of the protocol shall be considered to be the commencement of  collective bargaining.


2. When commencing the negotiations, the parties shall discuss what information they will present, time limits for the presentation thereof, the procedure and time limits for drafting a collective agreement of an enterprise.


3. If no agreement is reached on the information to be furnished, the procedure for drafting a collective agreement, the time limits of negotiations, the contents of the enterprise's collective agreement, a protocol of disagreement shall be drawn up. The protocol shall specify the measures proposed by the parties necessary for eliminating the reasons of disagreement and the time limit for resuming the negotiations.


4. The draft collective agreement of the enterprise agreed between the parties shall be submitted to the staff meeting (conference) for consideration. If the meeting (conference) does not approve of the submitted draft, the representatives of the parties shall amend and supplement it taking into account the comments and proposals made and within 15 days repeatedly submit to the staff meeting (conference) for consideration. If the staff meeting (conference) approves of the draft collective agreement of the enterprise, the collective agreement shall be signed by the representatives of the parties not later than within three days. If the draft collective agreement is not approved at the reconsideration stage, the staff meeting (conference) shall take a decision to reopen collective bargaining or to initiate a collective dispute.


5. A staff meeting shall be valid if attended by at least half of the employees of the enterprise (structural division), and in the case of a conference – if attended by at least two thirds of the delegates. If the required number of employees (delegates) are not present at the meeting (conference), a repeat staff meeting (conference) must be convened within five days. A meeting shall be held valid if attended by one-fourth of the employees, and in the case of a conference – if attended by half of the delegates.


6. A staff meeting may be convened in the structural divisions of the enterprise in accordance with the procedure laid down in the enterprise's collective agreement. Voting results shall be established on the basis of the number of votes received at the said meetings.


7. Decisions shall be passed by a majority vote of those present at the meeting (conference), voting, at the choice of the staff meeting (conference delegates), by secret or open ballot.


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Article 63. Entry into Force and Period of Validity of a Collective Agreement of an Enterprise


1. A collective agreement of an enterprise shall enter into force upon its signing, unless otherwise established in the agreement.


2. A collective agreement of an enterprise shall be valid until the signing of a new collective agreement of the enterprise or until the deadline set in the agreement. Where a fixed-term collective agreement of the enterprise has been concluded, the parties shall start negotiations for its renewal two months before the termination of its validity.


3. If an enterprise or a part thereof passes over from one employer who concluded a collective agreement of the enterprise to another employer, the provisions of the collective agreement shall apply to the new employer as well.


4. If bankruptcy proceedings have been instituted or extrajudicial bankruptcy procedures have been initiated in respect of the enterprise, the validity of the collective agreement of the enterprise shall be restricted under laws.

 


Article 64. Amendments and Supplements to a Collective Agreement of an Enterprise

The procedure for amending and supplementing a collective agreement of an enterprise shall be established in the collective agreement of the enterprise. If the procedure has not been established, the collective agreement of the enterprise shall be amended and supplemented in the same manner as the agreement is concluded.

 


Article 65. Termination of a Collective Agreement of an Enterprise

A collective agreement of an enterprise may be terminated in the cases and in accordance with the procedure specified in the agreement by any party after giving an at least three-month notice to the other party. Termination of a collective agreement of an enterprise before the lapse of a six-month period after the entry into force of the agreement shall be prohibited.

 


Article 66. Control over the Implementation of a Collective Agreement of an Enterprise


1. Control over fulfilment of the obligations under the collective agreement of an enterprise shall be exercised by the representatives of the parties as well as by institutions authorised under laws.


2. Representatives of the parties to the collective agreement of an enterprise shall report to the staff meeting (conference) on the implementation  of the collective agreement of an enterprise. The procedure and time limits for reporting shall be established in the agreement.


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Article 67. Settlement of Disputes Arising during the Conclusion and Implementation of a Collective Agreement of an Enterprise


1. Disputes arising during the negotiations for the conclusion of a collective agreement of an enterprise, as well as disputes over non-performance or improper performance of the collective agreement leading to violations of the collective interests and/or rights of the employees shall be settled in accordance with the procedure established in Chapter X of this Code.


2. Disputes between individual employees and the employer over non-compliance or defective compliance with the normative provisions of the enterprise’s collective agreement shall be settled in accordance with the procedure for settling individual labour disputes (Chapter XIX of the Code).

 


CHAPTER X

REGULATION OF COLLECTIVE LABOUR DISPUTES

 


Article 68. Collective Labour Dispute

A collective labour dispute shall mean a disagreement between the employees and their representatives, on the one part, and the employer and its representatives, on the other part, over the conclusion of a collective agreement, non-compliance or defective compliance with collective agreements and labour regulatory acts leading to violations of the collective interests and/or rights of the employees.

 


Article 69. Making of Demands


1. Demands to the employer can be made and submitted by the trade union functioning in the enterprise, or the joint representation of trade unions functioning in the enterprise, or the organisation of trade unions in the respective sector of economic activity (where the staff meeting has transferred the function of employee representation and protection to that organisation), or the works council.


2. Demands to the employers’ organisation can be made by the trade unions active on the national, sectoral or territorial level or their organisations (associations, federations, centres, etc.).


3. The demands must be precisely defined, motivated, set out in writing and handed in to the employer or the employers’ organisation.

 


Article 70. Consideration of Demands

The employer or the employers’ organisation must consider the demands received and within seven days from the receipt thereof communicate its decision in writing to the employees' representatives who have made the demands. If the employees' representatives are not satisfied with this decision, they may initiate the hearing of the collective labour dispute in accordance with the procedure established in this Code.

 


Article 71. Bodies Hearing Collective Labour Disputes

Collective labour disputes shall be heard by a conciliation commission, the Labour Arbitration or a third party court or, at the request of one of the parties to the collective labour dispute, the collective labour dispute must be heard through a mediator.


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Article 72. Formation of the Conciliation Commission


1. The Conciliation Commission shall be formed from an equal number of the authorised representatives of the subjects who have made or received the demands. The number of the Commission members shall be set by agreement between the parties. The Commission must be set up within seven days from the day of refusal to meet the demands by the party who has received the demand or in the absence of a response within the said period.


2. If the parties fail to reach an agreement on the number of members of the Conciliation Commission, they shall at their discretion delegate their representatives to the Conciliation Commission.  Each party may have not more than five representatives on the Commission.


3. The Conciliation Commission shall elect its chairman and its secretary from among its members.

 


Article 73. Hearing of Collective Disputes in the Conciliation Commission


1. Hearing of a dispute in the Conciliation Commission shall be a mandatory stage of collective dispute resolution, unless one of the parties to the collective labour dispute requests that the collective labour dispute should be heard through a mediator.


2. The Conciliation Commission must hear the collective dispute within seven days from the day of formation of the Conciliation Commission. The time limit may be extended by agreement between the parties.


3. Representatives of the parties shall have the right to invite specialists (consultants, experts, etc.) to the meeting of the Conciliation Commission in which  the collective dispute is heard.


4. The employer must provide the Conciliation Commission conditions for work: provide premises and furnish the necessary information.

 


Article 74. Decision of the Conciliation Commission


1. The decision of the Conciliation Commission shall be adopted by agreement between the parties, executed by drawing up a record and shall be binding on the parties within the time limit and in accordance with the procedure specified in the decision.


2. If the Conciliation Commission fails to reach an agreement on all or part of the demands, the Commission may refer them for hearing to the Labour Arbitration, a third party court or wind up the conciliation procedure by drawing up a protocol of disagreement.


3. The decision of the Conciliation Commission shall be announced to the employees.


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Article 75. Labour Arbitration. Third Party Court


1. The Labour Arbitration shall be formed under the district court within the jurisdiction whereof the registered office of the enterprise or the party which has received the demands made in the collective dispute is located. The composition of the Labour Arbitration, the procedure for hearing the dispute and executing the adopted decision shall be established by the Regulations of Labour Arbitration approved by the Government.


2. Parties to the collective dispute shall each appoint one or several arbitrators of the third party court and execute the appointments in the form of a written agreement. The procedure for hearing the dispute and executing the adopted decision shall be established by the Regulations of Third Party Court approved by the Government.


3. The Labour Arbitration, the third party court shall within fourteen days resolve the collective dispute referred to them. The decisions of the Labour Arbitration or the third party court shall be binding upon the parties to the dispute.

 


Article 751. Resolution of Collective Labour Disputes through Mediation


1. The aim of the resolution of collective labour disputes through a mediator shall be to reconcile the interests of the parties and to reach an agreement satisfactory to both the parties.


2. A mediator shall be chosen by the parties to the collective labour dispute by common agreement from the list of mediators approved by the Minister of Social Security and Labour within three working days from the receipt of the notification by the employer of the decision regarding the demands received. In case of failure by the parties to reach an agreement on the appointment of a mediator, a mediator shall be selected by lot by the secretariat of the trilateral council not later than within two working days after the application by one of the parties to the collective labour dispute.


3. The resolution of the collective labour dispute through a mediator must be achieved within ten days from the date of the appointment (selection) of a mediator. The time limit may be extended by agreement between the parties. The employer or the employers’ organisation must provide the mediator conditions for work.


4. An agreement reached between the parties to the dispute during the mediation process shall be executed in writing. It shall be binding on the parties to the dispute within the time limit and in accordance with the procedure specified in the agreement. In case of failure to reach an agreement by the representatives of the parties to the collective labour dispute during the mediation process, a protocol of disagreement shall be drawn up. The agreement or the protocol of disagreement shall be signed by the representatives of the parties to the dispute and the mediator.


5. Only natural persons of high moral character and with special knowledge which is necessary for settling collective labour disputes may be entered in the lists of mediators.


6. The procedure for compiling the list of mediators, selecting mediators, mediation and payment for work of mediators shall be established by the Government.


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Article 76. Strike

A strike shall mean temporary suspension of work by the employees or a group of employees of one enterprise, or several enterprises, or a particular sector in the event of a collective dispute not being settled, or in the event of failure to perform, or improper performance of, the decision adopted by the Conciliation Commission, Labour Arbitration or third party court, which is acceptable to the employees, or in the event of failure to resolve a collective labour dispute through a mediator, or in the event of failure to implement the agreement reached during the mediation process.


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Article 77. Declaration of a Strike


1. The right to take a decision to call a strike in an enterprise or its structural division shall be vested in the trade union functioning in the enterprise in accordance with the procedure laid down in its regulations. Where an enterprise has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity, the right to take a decision to call a strike in the enterprise or its structural division shall be vested in the works council. A strike shall be called in the enterprise if the relevant decision is approved by secret ballot by:


1) more than half of the employees of the enterprise voting in favour of a strike in the enterprise;


2) more than half of the employees of a structural division of the enterprise voting in favour of a strike in the respective structural division of the enterprise.


2. The right to take a decision to call a strike on a sectoral level shall be vested in trade union organisations in accordance with the procedure laid down in their regulations, after discussion by the Tripartite Council of the Republic of Lithuania.


3. The employer must be given an at least seven days’ written notice of the beginning of the intended strike by communicating to him the decision adopted in accordance with the procedure laid down in this Article. When a strike is declared, only the demands which have not been met during the conciliation procedure or the mediation process may be put forward.


4. A strike may be preceded by a warning strike. It may not last longer than two hours. A warning strike shall be called by a written decision of the management body authorised by the trade union referred to in paragraphs 1 and 2 of this Article or of the works council, without special consent of the employees. The employer must be given an at least seven days' written notice of the warning strike.


5. When a decision is taken to hold a strike (including a warning strike) in railway and public transport, civil aviation enterprises, medical institutions, water, electricity, heat and gas supply, sewage and waste collection enterprises, the employer must be given an at least fourteen days’ written notice of the beginning of the strike.


6. The decision to call a strike shall specify:


1) the demands with respect to which the strike is called;


2) the beginning of the strike;


3) the body leading the strike.


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Article 78. Restrictions on Strikes


1. Employees of emergency medical services shall be prohibited from calling a strike. The demands put forward by the said employees shall be settled by the Government, after consulting with the parties to the collective labour dispute.


2. Strikes shall be prohibited in natural disaster areas as well as in the areas where martial law or a state of emergency has been declared in the prescribed manner until the consequences of the natural disaster have been removed or martial law or the state of emergency has been lifted.


3. It shall be prohibited to call a strike during the term of validity of the collective agreement if this agreement is complied with.

 


Article 79. Body Leading a Strike

A strike shall be led by the strike committee set up by the subject who has made the demands to the employer.

 


Article 80. Course of a Strike


1. The strike committee together with the employer is bound to ensure the safety of property and people.


2. During a strike in the enterprises, establishments, organisations specified in paragraph 5 of Article 77 of this Code, minimum conditions (services) necessary for meeting the immediate (vital) public needs must be ensured. Such minimum conditions (services) shall be determined by the parties to the collective labour dispute within three days from the submission of the notice of the intended strike to the employer and communicated in writing respectively to the Government or the municipal executive body. Fulfilment of the above conditions shall be ensured by the strike committee, the employer and the employees appointed by them.


3. If the parties to the collective labour dispute fail to reach agreement, a decision concerning the conditions specified in paragraph 2 of this Article shall be taken by the Government or the municipal executive body, upon consultation with the parties to the collective labour dispute.


4. In case of failure to fulfil the conditions specified in paragraph 2 of this Article, the Government or the municipal executive body may enlist other services for that purpose.


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Article 81. Lawfulness of a Strike


1. When a strike is called, the employer or the subject who has received the demands may apply to the court with a petition to declare the strike unlawful. The court must hear the case within ten days.


2. The court shall recognise a strike as unlawful if the objectives of the strike are contrary to the Constitution of the Republic of Lithuania, other laws or if the strike was declared in breach of the procedure and requirements laid down in this Code.


3. Upon the coming into effect of the court decision to recognise the strike as unlawful, the strike may not be commenced and the strike already in progress must be broken off immediately.


4. If there is a direct threat that the strike will affect the provision of minimum conditions (services) necessary for meeting the essential (vital) public needs and this may endanger human life, health and safety, the court shall be entitled to postpone the intended strike for a thirty day period or to suspend the ongoing strike for the same period.

 


Article 82. Legal Status and Guarantees of the Employees on Strike


1. No one can be forced to join a strike or to refuse to take part in a strike. In the course of the strike the performance of the employment contract with respect to striking employees shall be suspended, while securing uninterrupted length of service and social protection under the state social insurance scheme.


2. Striking employees shall not be paid any remuneration, they shall be released from their obligations to perform their work functions. An agreement may be reached during the negotiations on breaking off the strike that the striking employees will be paid the full amount or part of their wage.


3. Employees who do not take part in the strike, but are unable to perform their work through the strike shall be paid as for the layoff through no fault of their own or they may be transferred with their consent to another job.


