Consolidated version as of 19 December 2020
REPUBLIC OF LITHUANIA
LAW
ON MUTUAL RECOGNITION AND EXECUTION OF DECISIONS OF THE MEMBER STATES OF THE EUROPEAN UNION IN CRIMINAL MATTERS
13 November 2014 No XII-1322
(As last amended on 11 June 2020 – No XIII-3053)
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. The purpose of this Law shall be to ensure the implementation of the European Union’s legal acts governing criminal proceedings and employing the principle of mutual recognition of decisions in criminal matters.
2. This Law shall establish:
1) the procedure and conditions for recognition and execution, in the Republic of Lithuania, of decisions of courts of the Member States of the European Union on a custodial sentence;
2) the procedure and conditions for transmission, for execution to other Member States of the European Union, of decisions of courts of the Republic of Lithuania on a custodial sentence;
3) the procedure and conditions for recognition and execution, in the Republic of Lithuania, of decisions on a non-custodial sentence and probation decisions of courts and other competent authorities of the Member States of the European Union;
4) the procedure and conditions for transmission, for execution to other Member States of the European Union, of decisions on a non-custodial sentence and probation decisions of courts of the Republic of Lithuania;
5) the procedure and conditions for recognition and execution, in the Republic of Lithuania, of decisions of competent authorities of the Member States of the European Union on supervision measures, excluding remand;
6) the procedure and conditions for transmission, for execution to other Member States of the European Union, of certain types of supervision measures or other procedural coercive measures imposed by courts, prosecutors and pre-trial investigation officers of the Republic of Lithuania in the course of criminal proceedings;
7) the procedure and conditions for recognition and execution, in the Republic of Lithuania, of European protection orders issued by competent authorities of the Member States of the European Union;
8) the procedure and conditions for transmission, for execution to other Member States of the European Union, of European protection orders issued by courts or pre-trial investigation judges of the Republic of Lithuania;
9) the procedure and conditions for recognition and execution of European Investigation Orders in the Republic of Lithuania;
10) the procedure and conditions for transmission, for execution to other Member States of the European Union, of European Investigation Orders issued in the Republic of Lithuania;
11) the procedure and conditions for recognition and execution pursuant to Framework Decision 2003/577/JHA, in the Republic of Lithuania, of orders freezing property or evidence;
12) the procedure and conditions for transmission of certificates of orders freezing property or evidence issued in the Republic of Lithuania for execution to other Member States of the European Union pursuant to Framework Decision 2003/577/JHA;
13) cooperation with the Member States of the European Union in the course of a pre-trial investigation where the European Public Prosecutor’s Office has been designated as the competent authority;
14) the procedure and conditions for recognition and execution pursuant to Framework Decision 2006/783/JHA, in the Republic of Lithuania, of confiscation orders issued by courts of the Member States of the European Union;
15) the procedure and conditions for transmission of confiscation orders issued in the Republic of Lithuania for execution to other Member States of the European Union pursuant to Framework Decision 2006/783/JHA;
16) recognition and execution, in the Republic of Lithuania, of orders freezing property issued by the Member States of the European Union, as well as issuing of certificates of orders freezing property pursuant to Regulation (EU) 2018/1805;
17) recognition and execution, in the Republic of Lithuania, of confiscation orders issued by courts of the Member States of the European Union, as well as transmission of confiscation orders issued in the Republic of Lithuania for execution to other Member States of the European Union pursuant to Regulation (EU) 2018/1805.
Article 2. Definitions
1. ‘Alternative sanction’ means a non-custodial sentence or another measure consisting of one or more obligations and/or prohibitions imposed on a convicted person, other than a financial penalty imposed by the competent authority of a Member State of the European Union or a confiscation order issued by a court of a Member State of the European Union.
2. ‘Protection measure’ means one or more prohibitions and/or obligations imposed on a dangerous person in the course of criminal proceedings pursuant to Article 1321 of the Code of Criminal Procedure of the Republic of Lithuania, Article 721 of the Criminal Code of the Republic of Lithuania or Article 5 of the Law of the Republic of Lithuania on Protection against Domestic Violence with a view to safeguarding a protected person against a criminal act by the person causing danger that may endanger the protected person’s life, physical or mental integrity, dignity, personal liberty or sexual integrity.
3. ‘European protection order’ means a decision in relation to a protection measure for a protected person taken at the request of that person with a view to continuing his/her protection in another Member State of the European Union.
4. ‘European Investigation Order’ means a decision taken or validated by a prosecutor, a court or another competent judicial authority to have procedural actions carried out to obtain evidence in, or receive collected evidence from, another Member State of the European Union.
5. ‘Place of residence’ means the place of residence of a natural person, as specified in Article 2.16 of the Civil Code of the Republic of Lithuania.
6. ‘Certificate’ means a document of the established form attesting to a request for recognition and execution of a decision (judgment, ruling, decision) of a court or another competent authority and containing all the basic information related to a suspect, an accused person or a convicted person, the decision (judgment, ruling, decision) of the court or another competent authority, execution of a sentence or another measure, and other necessary information.
7. ‘Person causing danger’ means a natural person who is subject to one or more prohibitions and/or obligations specified in Article 1321 of the Code of Criminal Procedure of the Republic of Lithuania, Article 721 of the Criminal Code of the Republic of Lithuania and Article 5 of the Law of the Republic of Lithuania on Protection against Domestic Violence.
8. ‘State of supervision’ means a Member State of the European Union to which a court’s probation decision, decision a non-custodial sentence or decision on supervision measures has been transmitted.
9. ‘Probation measure’ means one or more obligations and/or prohibitions imposed on a convicted person instead of a custodial sentence or any other measure involving deprivation of liberty where a convicted person is conditionally released from the place of custody, or where the execution of a custodial sentence or another measure involving deprivation of liberty is stayed either totally or in part, or where a convicted person is conditionally released from a custodial sentence or any other measure involving deprivation of liberty.
10. ‘Protected person’ means a natural person enjoying protection on the basis of an adopted protection measure.
11. ‘Social rehabilitation’ means the totality of social, psychological, legal and pedagogical measures aimed at ensuring successful reintegration of a convicted person into society.
12. ‘Decision on a supervision measure’ means a decision taken in the course of criminal proceedings whereby one or more of the following obligations and/or prohibitions are imposed as an alternative to remand (pre-trial detention) of a suspect, an accused person or a convicted person:
1) an obligation to inform the competent authority in the executing State of any change of residence;
2) a prohibition to visit certain localities, places or defined areas in the issuing or executing State;
4) an obligation or prohibition containing limitations on leaving the territory of the executing State;
6) an obligation to avoid contact with specific persons in relation with a criminal act allegedly committed;
7) a prohibition to engage in certain activities in relation with a criminal act allegedly committed;
13. ‘Decision on a custodial sentence’ means a final judgment passec by a court in the course of criminal proceedings or any other decision whereby a convicted person has been imposed a custodial sentence or another measure involving a fixed-term or unlimited deprivation of liberty.
14. ‘Probation decision’ means a final judgment passed by a court or a final decision taken by a competent authority on the basis of this judgment conditionally releasing a convicted person from the place of custody and/or imposing on him/her one or more probation measures.
15. ‘Decision on a sentence not involving deprivation of liberty’ means a final judgment passed by a court in the course of criminal proceedings or any other decision imposing on a convicted person:
1) a custodial sentence or any other measure involving deprivation of liberty, but a convicted person is conditionally released from the place of custody on the basis of this decision or a probation decision consequential to this decision imposing on him/her one or more probation measures;
2) a custodial sentence or any other measure involving deprivation of liberty the execution of which has been stayed totally or in part on the basis of this decision or a probation decision consequential to this decision imposing on a convicted person one or more probation measures;
3) a custodial sentence or any other measure involving deprivation of liberty from which a convicted person has been conditionally released on the basis of this decision or a probation decision consequential to this decision imposing on a convicted person one or more probation measures;
16. ‘Confiscation order’ shall be interpreted as defined in Article 2(2) of Regulation (EU) No 2018/1805.
17. ‘Order freezing property or evidence’ means a procedural document issued under Framework Decision 2003/577/JHA for temporary protection of objects, documents or other property which could be confiscated or recognised as being of evidential value in criminal proceedings against destruction, transformation, removal from the executing State, sale or other transfer.
CHAPTER II
RECOGNITION AND EXECUTION OF DECISIONS ON A CUSTODIAL SENTENCE IN THE REPUBLIC OF LITHUANIA
Article 3. Grounds and conditions for recognition and execution of decisions on a custodial sentence in the Republic of Lithuania
1. With a view to facilitating social rehabilitation of a convicted person, the Republic of Lithuania shall recognise and execute a decision on a custodial sentence taken in another Member State of the European Union, where all of the following conditions are met:
2) the convicted person has his/her place of residence in the Republic of Lithuania, or a judicial, administrative or any other decision has been adopted in another Member State of the European Union to deport or expel him/her to the Republic of Lithuania after serving his/her sentence;
2. The Republic of Lithuania may recognise and execute a decision on a custodial sentence taken in another Member State of the European Union also in the cases other than those provided for in paragraph 1 of this Article, where all of the following conditions are met:
1) a convicted person is a citizen of the Republic of Lithuania or a permanent resident of the Republic of Lithuania;
2) the convicted person consents that the Republic of Lithuania takes over the execution of the decision on a custodial sentence;
3) the Ministry of Justice of the Republic of Lithuania agrees that the execution of the decision on a custodial sentence in the Republic of Lithuania would facilitate social rehabilitation of the convicted person;
3. When deciding whether the execution of a decision on a custodial sentence in the Republic of Lithuania would facilitate social rehabilitation of a convicted person, another Member State of the European Union may be consulted in accordance with the procedure laid down in Article 6 of this Law.
4. Where a convicted person has fled or returned to the Republic of Lithuania in view of the criminal proceedings pending against him/her or a judgment of conviction has been passed in another Member State of the European Union, or a judicial, administrative or any other decision has been issued in another Member State of the European Union to deport or expel him/her to the Republic of Lithuania after serving his/her sentence, a decision on a custodial sentence may be recognised and executed in the Republic of Lithuania also in the absence of the convicted person’s consent as specified in point 2 of paragraph 2 of this Article.
Article 4. Authorities recognising a decision on a custodial sentence issued in another Member State of the European Union and transmitted to the Republic of Lithuania for execution
1. A decision on a custodial sentence issued in another Member State of the European Union and transmitted to the Republic of Lithuania for execution shall be recognised in the Republic of Lithuania by:
2) a district court of the place of serving sentence, where the convicted person is serving his/her sentence in a correctional facility of the Republic of Lithuania;
Article 5. Initiative to transmit execution of a decision on a custodial sentence to the Republic of Lithuania
1. A decision on a custodial sentence may be recognised and executed in the Republic of Lithuania only at the request of the competent authority of another Member State of the European Union.
2. At the request of a convicted person or his/her family member or his/her defence counsel, the Ministry of Justice of the Republic of Lithuania may refer to the competent authority of another Member State of the European Union with a proposal to transmit a decision on a custodial sentence to the Republic of Lithuania for execution if this would serve the purpose of facilitating the social rehabilitation of the convicted person.
3. The Law shall not restrict the right of a convicted person, his/her family member or his/her defence counsel to refer directly to the competent authority of another Member State of the European Union with a request to initiate the transmission of a decision on a custodial sentence for execution to the Republic of Lithuania.
Article 6. Consultations on transmitting a decision on a custodial sentence for execution to the Republic of Lithuania
1. If the competent authority of another Member State of the European Union applies for consultation in order to determine whether the execution of a decision on a custodial sentence in the Republic of Lithuania would facilitate the social rehabilitation of a convicted person, the Ministry of Justice of the Republic of Lithuania shall check whether the convicted person is a citizen of the Republic of Lithuania or has his/her place of residence in the Republic of Lithuania and social, family, economic or other important ties connecting him/her with the Republic of Lithuania and facilitating his/her social rehabilitation. The Ministry of Justice of the Republic of Lithuania shall have the right to refer to other authorities for the provision of the required information or opinion. After assessing the collected information, the Ministry of Justice may present the competent authority of another Member State of the European Union with a reasoned opinion that the execution of the decision on a custodial sentence in the Republic of Lithuania will not serve the purpose of facilitating the social rehabilitation of the convicted person.
2. Where there have been no consultations in accordance with the procedure laid down in paragraph 1 of this Article, the Ministry of Justice of the Republic of Lithuania may submit a reasoned opinion to the competent authority of another Member State of the European Union also of its own motion not later than within five working days from the receipt of the documents referred to in Article 7(1) of this Law. Where the competent authority of another Member State of the European Union, having considered the reasoned opinion, decides that it is impractical to revoke a decision on a custodial sentence transmitted for execution to the Republic of Lithuania, the Ministry of Justice of the Republic of Lithuania shall forward the documents referred to in Article 7(1) of this Law to a court within three working days from the receipt of the reply from the competent authority of another Member State of the European Union.
3. In the cases provided for in Article 3(2) of this Law, consultations with the competent authority of another Member State of the European Union shall be obligatory. Taking into consideration the outcome of consultations, the Ministry of Justice of the Republic of Lithuania may disagree that the execution of a decision on a custodial sentence in the Republic of Lithuania will serve the purpose of facilitating the social rehabilitation of a convicted person and shall promptly inform thereof the competent authority of another Member State of the European Union by returning to it the documents referred to in Article 7(1) of this Law, if they have been received.
Article 7. Recognition of a decision on a custodial sentence
1. Having received a decision of another Member State of the European Union on a custodial sentence and a certificate referred to in Article 4 of 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 execution in the European Union (hereinafter: ‘Council Framework Decision 2008/909/JHA’), the Ministry of Justice of the Republic of Lithuania shall, within five working days from the receipt of all the documents, forward them to the relevant court referred to in Article 4(1) of this Law. The Ministry of Justice of the Republic of Lithuania shall also present the court referred to in Article 4(1) of this Law with the information on the consultations, if any, held in accordance with the procedure laid down in Article 6 of this Law and shall attach copies of related documents. If a convicted person is in the Republic of Lithuania, a standard notification issued by the competent authority of another Member State of the European Union shall be sent to him/her informing him/her of the decision to transmit the execution of the decision on a custodial sentence to the Republic of Lithuania. Upon completion of these steps, the Ministry of Justice of the Republic of Lithuania shall inform thereof the competent authority of another Member State of the European Union. The competent authority of any other European Union Member State shall also be presented with the information on provisions of laws of the Republic of Lithuania in relation to conditional release from correctional facilities, where this has been requested in the certificate.
2. Having received the documents referred to in paragraph 1 of this Article, the chair or deputy chair of a court or the chair of the criminal division of the court shall appoint a judge to examine the issue.
3. On the instruction of the appointed judge, the convicted person, his/her defence counsel and a prosecutor shall be notified of the date and time of the consideration of the issue and shall be invited to submit comments thereon. These persons shall not be summoned to a court hearing.
4. Having considered the issue under the written procedure, the court shall issue one of the following rulings:
5. Having issued one of the rulings referred to in paragraph 4 of this Article, the court shall without delay, but not later than on the next working day, send a copy of the ruling to the convicted person, his/her defence counsel and the prosecutor.
6. A court ruling to recognise a decision on a custodial sentence or to refuse to recognise a decision on a custodial sentence may be appealed against by a prosecutor, a convicted person or his/her defence counsel in accordance with the procedure laid down in Article 364 of the Code of Criminal Procedure of the Republic of Lithuania. If the convicted person has been imposed a compulsory medical measure, a court ruling thereon may be appealed against pursuant to provisions of Article 405(6) of the Code of Criminal Procedure of the Republic of Lithuania.
Article 8. Refusal to recognise a decision on a custodial sentence
1. A court shall refuse to recognise a decision of another Member State of the European Union on a custodial sentence if:
1) the execution of the decision on a custodial sentence would violate fundamental human rights and/or freedoms;
2) the decision on a custodial sentence relates to a criminal act that does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania;
3) the decision on a custodial sentence has been taken in respect of a criminal act that may be covered by the criminal law of the Republic of Lithuania, and the limitation period for the execution of a judgment of conviction as provided for in Article 96 of the Criminal Code of the Republic of Lithuania has expired;
4) at the time of committing a criminal act, the convicted person due to his/her age could not yet have been held criminally liable under the Criminal Code of the Republic of Lithuania;
5) recognition and execution of the decision on a custodial sentence would be contrary to the principle of ne bis in idem;
6) the received certificate referred to in Article 7(1) of this Law is incomplete or manifestly does not correspond to the decision on a custodial sentence and has not been completed or corrected within a time limit set by the court, or this certificate has not been translated into the Lithuanian language, or a translation into the Lithuanian language of the decision on a custodial sentence or of its essential parts has not been obtained, where the content of these documents is insufficient to decide and the court has requested that a translation be provided;
7) the convicted person enjoys immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania;
8) at the time of receipt of the decision on a custodial sentence and the certificate, less than six months of the custodial sentence remain to be served by the convicted person;
9) the convicted person did not appear in person for the hearing of the issue before the court that had issued the decision on a custodial sentence, except where the certificate states that:
a) he/she was summoned in person in due time or by other means actually received official information of the scheduled date and place of the hearing before the court in such a manner that it was unequivocally established that he/she was aware of the scheduled hearing, and he/she was also informed that a decision may be handed down if he/she did not appear for the hearing before the court, or
b) having been informed of the scheduled hearing, he/she authorised his/her chosen defence counsel or appointed public defender to defend him/her at the hearing, and the defence counsel/public defender actually defended the person at the hearing, or
c) after being served with the decision and being expressly informed about the right to a retrial or appeal in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being quashed, the person expressly stated that he did not contest the decision or did not request a retrial or an appeal in the applicable timeframe;
10) another Member State of the European Union did not consent to the convicted person being prosecuted, convicted, to execution of a custodial sentence imposed by a court judgment or to any other restriction of his/her liberty in the Republic of Lithuania for other criminal acts committed prior to the transmission of the decision on a custodial sentence and the certificate;
11) a compulsory medical measure or any other measure involving deprivation of liberty, imposed by the decision on a custodial sentence, cannot be executed by the Republic of Lithuania in accordance with its legal or health care systems, and such a measure cannot be adapted to the sentences or any other measures provided for in the Criminal Code of the Republic of Lithuania in accordance with the procedure laid down in Article 9 of this Law.
2. In the cases provided for in points 5, 6, 8, 9 and 11 of paragraph 1 of this Article, before deciding to refuse to recognise a decision on a custodial sentence, a court shall consult the competent authority of another Member State of the European Union, by any appropriate means, and shall, where necessary, request it to supply additional explanations or other necessary information within a set time limit. If the necessary information is not received within the set time limit, the court shall issue a ruling to refuse to recognise the decision on a custodial sentence. Where additional information needs to be obtained, the court may refer to the competent authority of another Member State of the European Union also in other cases.
3. In the cases provided for in paragraph 1 of this Article, instead of refusing to recognise a decision on a custodial sentence, a court may, after consultation with the competent authority of another Member State of the European Union, decide to recognise the decision on a custodial sentence in part, where possible and where the competent authority of another Member State of the European Union gives its consent. This decision shall be taken in accordance with the procedure laid down in Article 7 of this Law. A court must ensure that a partly recognised decision on a custodial sentence does not aggravate a sentence or any other measure or unreasonably aggravate the legal position of a convicted person.
Article 9. Adaptation of a custodial sentence to criminal laws of the Republic of Lithuania
1. Having decided to recognise a decision on a custodial sentence, a court shall, by the same ruling, adapt a custodial sentence or any other measure imposed by another Member State of the European Union to the sentences or other measures provided for in the Criminal Code of the Republic of Lithuania.
2. The term of an adapted sentence or another measure must correspond as closely as possible to a sentence or measure imposed by another Member State of the European Union and may not be replaced by a fine or any other pecuniary sentence or measure.
3. The term of an adapted sentence or any other measure may be shortened only where and to the extent it exceeds the maximum term of a sentence or any other measure that may be imposed under criminal laws of the Republic of Lithuania for the relevant criminal act.
4. An adapted sentence or any other measure may not be more severe than a sentence or any other measure imposed by a court of another Member State of the European Union.
5. Where a convicted person is imposed a fixed-term custodial sentence, a court shall, in compliance with Article 50(3) of the Criminal Code of the Republic of Lithuania, choose the place where the sentence is to be served.
6. A court must include into the term of a sentence or any other measure the entire term of a sentence or any other measure served in another Member State of the European Union and the entire term of pre-trial detention involving detention and remand of a convicted person in another Member State of the European Union or in the Republic of Lithuania pending a decision to take over the execution of a decision on a custodial sentence by the Republic of Lithuania.
7. Where a fixed-term custodial sentence or a life custodial sentence has been imposed on a convicted person by a final judgment of conviction of a court of the Republic of Lithuania for another criminal act, a court shall, in compliance with the provisions of the Criminal Code of the Republic of Lithuania and having regard to the provisions of Article 15 of this Law, decide on the cumulation of the imposed sentences.
Article 10. Time limit for recognition of a decision on a custodial sentence
1. A court shall issue a ruling to recognise a decision on a custodial sentence or a ruling to refuse to recognise a decision on a custodial sentence not later than within thirty days from the receipt of the documents referred to in Article 7(1) of this Law.
2. The time limit for issuing the ruling referred to in Article 10(1) shall be suspended if in the cases provided for in Article 8(2) of this Law, a court refers to the competent authority of another Member State of the European Union with a request to supply additional explanations or other necessary information within a set time limit. The time limit referred to in paragraph 1 of this Article shall resume from the receipt of additional explanations or other necessary information.
3. A final decision to recognise a decision on a custodial sentence or to refuse to recognise a decision on a custodial sentence, including the time limit for hearing a complaint under the appeal procedure, must be taken not later than within 90 days from the receipt by a court of the documents referred to in Article 7(1) of this Law.
4. If it is not possible, in exceptional circumstances, to take a final decision within the time limit referred to in paragraph 3 of this Article, the relevant court referred to in Article 4(1) of this Law shall notify thereof the competent authority of another Member State of the European Union, giving the reasons for the delay and indicating the estimated time needed for the decision to be taken.
Article 11. Imposition of supervision measures on a convicted person
1. If a convicted person is in the territory of the Republic of Lithuania and it is necessary to ensure that he/she remains in the territory of the Republic of Lithuania pending a decision to take over the execution of a decision on a custodial sentence in the Republic of Lithuania, a supervision measure shall be imposed on the convicted person by a decision of a prosecutor or by a ruling of a pre-trial investigation judge or a court in accordance with the grounds, conditions and procedure provided for in the Code of Criminal Procedure of the Republic of Lithuania.
2. Having received a request from the competent authority of another Member State of the European Union to impose a supervision measure on a convicted person and the information that the convicted person is in the territory of the Republic of Lithuania and it is necessary to urgently ensure his/her participation in the proceedings, the Ministry of Justice of the Republic of Lithuania shall immediately forward the received documents to a territorial prosecutor’s office with a request to decide on imposing a supervision measure.
Article 12. Taking over of a convicted person
1. If a convicted person is in another Member State of the European Union and a ruling of a court of the Republic of Lithuania to recognise a decision on a custodial sentence has become final, a judge who has issued this ruling shall, in accordance with the procedure laid down in Article 14(1) of this Law, refer to the authorities referred to in Article 12(2) regarding the taking over of a convicted person from another Member State of the European Union.
2. The taking over of a convicted person from another Member State of the European Union by the Republic of Lithuania shall be carried out by the Public Security Service under the Ministry of the Interior of the Republic of Lithuania and the Lithuanian Criminal Police Bureau in accordance with the procedure established by the Minister of the Interior of the Republic of Lithuania.
3. The taking over of a convicted person must take place not later than within 30 days after a ruling of a court of the Republic of Lithuania to recognise a decision on a custodial sentence becomes final.
4. Where the taking over of a convicted person within the time limit referred to in Article 12(3) is prevented by unforeseen circumstances, the authorities referred to in Article 12(2) shall, after consultation with competent authorities of another Member State of the European Union, set a new date for the taking over of the convicted person. In this case, the convicted person must be taken over not later than within ten days from the new date thus agreed.
5. A convicted person taken over from another Member State of the European Union by the Republic of Lithuania shall be transferred to a remand prison until a specific place of serving his/her sentence is determined. If the person is taken over for the application of a compulsory medical measure, he/she shall be transferred to a health care institution.
6. The expenses of the execution of a sentence imposed on a convicted person taken over by the Republic of Lithuania shall be covered from the state budget of the Republic of Lithuania, except for the costs of delivery of the convicted person to the territory of the Republic of Lithuania, which shall be borne by another Member State of the European Union.
Article 13. Transit
1. Persons convicted in one Member State of the European Union may be carried in transit through the territory of the Republic of Lithuania to another Member State of the European Union only with the consent of the Prosecutor General’s Office of the Republic of Lithuania.
2. At the request of the competent authority of another Member State of the European Union, the Prosecutor General’s Office of the Republic of Lithuania shall, within seven days from the receipt of the request, take a decision on authorising the transit of a convicted person through the territory of the Republic of Lithuania. The request must be accompanied by a copy of a certificate. The decision may be postponed until a translation of the certificate into the Lithuanian or English language is presented.
3. Where the supervision measure of remand has been imposed in the course of criminal proceedings in the Republic of Lithuania for an act committed previously by a convicted person or a judgment of conviction has been passed by a court of the Republic of Lithuania and has become final obliging to detain or place this person on remand in the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania shall notify thereof the competent authority of another Member State of the European Union and the Lithuanian Criminal Police Bureau. Having obtained this information, the competent authority of another Member State of the European Union may withdraw its request.
4. In the cases referred to in paragraph 3 of this Article, the Prosecutor General’s Office of the Republic of Lithuania shall take the necessary steps to ensure the transfer of this person to the Republic of Lithuania under a European arrest warrant.
5. A transit request shall not be required in the case of transport by air without a scheduled stopover. If an unscheduled landing in the territory of the Republic of Lithuania occurs, the Prosecutor General’s Office of the Republic of Lithuania shall submit a request to the competent authority of another Member State of the European Union to forward the information referred to in Article 13(2), unless this information has been received within 72 hours.
Article 14. Execution of a decision on a custodial sentence in the Republic of Lithuania and legal consequences thereof
1. After a ruling of a court of the Republic of Lithuania to recognise a decision on a custodial sentence becomes final, a judge who has issued a ruling shall, not later than within three days from the ruling becoming final or from the return of the case from an appellate court, issue an ordinance to execute the decision on a custodial sentence and send it together with copies of the decision on a custodial sentence and the ruling to recognise the decision on a custodial sentence to:
1) the authorities referred to in Article 12(2) of this Law, where the convicted person is in another Member State of the European Union;
2. Copies of the documents referred to in paragraph 1 of this Article shall also be sent to the prosecutor supervising the execution of the decision on a custodial sentence and to the Ministry of Justice of the Republic of Lithuania.
3. If the convicted person is not found in the territory of the Republic of Lithuania, the police agency shall notify the court that has issued the ruling to recognise the decision on a custodial sentence; the court shall issue a ruling to suspend the execution of the decision on a custodial sentence and notify thereof the competent authority of another Member State of the European Union in accordance with the procedure laid down in Article 16(1)(4) of this Law. From that moment on, the right to execute the decision on a custodial sentence shall revert to that Member State of the European Union. If the convicted person is later found in the territory of the Republic of Lithuania, the decision on a custodial sentence may be executed only with the consent of the competent authority of another Member State of the European Union.
4. A decision on a custodial sentence and a sentence or any other measure adapted in accordance with the procedure laid down in Article 9 of this Law shall be executed under the relevant laws of the Republic of Lithuania with due regard to the specificities set out in this Article.
5. Where a convicted person is in another Member State of the European Union, the execution of a sentence shall commence immediately after a convicted person is taken over by the Republic of Lithuania in accordance with the procedure laid own in Article 12 of this Law.
6. A decision on a custodial sentence may be appealed against only in, and under the national law of, the Member State of the European Union which has taken the decision.
7. A convicted person may be released from serving a sentence under an act of amnesty or pardon in accordance with both the national law of another Member State of the European Union which has taken a decision on a custodial sentence and laws of the Republic of Lithuania.
8. The issues of conditional release from a correctional facility shall be resolved in compliance with laws of the Republic of Lithuania.
9. A court that issued a ruling to recognise a decision on a custodial sentence shall have the right to resolve uncertainties or doubts arising in the course of execution of the decision on a custodial sentence in accordance with the procedure laid down in Article 362 of the Code of Criminal Procedure of the Republic of Lithuania, provided that the substance of a decision on a custodial sentence remains unchanged.
10. If a notification is received from the competent authority of another Member State of the European Union about withdrawing a certificate or any other decision of a court of a Member State of the European Union as a result of which a decision on a custodial sentence ceases to be enforceable, a court that issued a ruling to recognise a decision on a custodial sentence shall, immediately but not later than on the next working day, issue a ruling to terminate the execution of the decision on a custodial sentence and send the ruling to the executing authority.
Article 15. Limits of criminal liability of a convicted person
1. A convicted person who has been taken over into the Republic of Lithuania in accordance with the procedure laid down in Article 12 of this Law may not be prosecuted, placed on remand or otherwise subjected to any restriction of his/her liberty for a criminal act committed before, but not causing, his/her taking over, except where:
1) the convicted person, having had an opportunity to leave the Republic of Lithuania, has not done so within 45 days from his/her final discharge or has returned to the territory of the Republic of Lithuania after leaving it;
2) the laws of the Republic of Lithuania do not provide for a custodial sentence for a criminal act committed prior to the taking over of the convicted person or the convicted person is not, in the course of criminal proceedings, subject to the supervision measure of remand for this criminal act;
3) the convicted person consented to the taking over of the execution of the decision on a custodial sentence by the Republic of Lithuania;
4) the convicted person consents by any means capable of producing a written record that he/she may be prosecuted, placed on remand or otherwise subjected to any restriction of his/her liberty for the criminal act committed before, but not causing, his/her taking over. The consent of a convicted person shall be obtained in accordance with the procedure laid down in Article 70(4) of the Code of Criminal Procedure of the Republic of Lithuania;
2. Where necessary to obtain the consent provided for in point 5 of paragraph 1 of this Article, the Prosecutor General’s Office of the Republic of Lithuania shall refer to the competent authority of another Member State of the European Union. A request for consent shall be accompanied by the information mentioned in Article 8(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2004 Special Edition, Chapter 19, Volume 6, p. 34) and a translation as referred to in Article 8(2) thereof.
Article 16. Notification of the competent authority of another Member State of the European Union
1. A court shall immediately, but not later than within five working days, directly notify the competent authority of another Member State of the European Union of the following final decisions:
1) a ruling to recognise a decision on a custodial sentence, including a decision to adapt a custodial sentence to criminal laws of the Republic of Lithuania, together with the reasons for the adaptation;
2) a ruling to refuse to recognise a decision on a custodial sentence, together with the reasons for the refusal;
3) a ruling to terminate the execution of a decision on a custodial sentence in the cases referred to in Article 14(10) of this Law;
4) a ruling to suspend the execution of a decision on a custodial sentence where a convicted person is not found in the territory of the Republic of Lithuania;
2. An executing institution shall immediately, but not later than within five working days, notify the competent authority of another Member State of the European Union:
3) of the release of a convicted person from serving all or part of a custodial sentence under an act of amnesty or pardon;
3. The information shall be forwarded to the competent authority of another Member State of the European Union by any means which leaves a written record under conditions allowing to establish its authenticity. The submitted information shall also be subject to the requirements referred to in Article 23(5) of this Law.
Article 17. Specific features of recognition of a decision on a custodial sentence in the Republic of Lithuania in relation to the execution of a European arrest warrant
1. Having decided to refuse, on the ground referred to in Article 91(4)(3) of the Criminal Code of the Republic of Lithuania, to surrender a citizen of the Republic of Lithuania or a person permanently residing in the Republic of Lithuania to a Member State of the European Union which issued a European arrest warrant and to take over the execution of this sentence in the Republic of Lithuania, Vilnius Regional Court shall adapt, in accordance with the procedure laid down in Article 9 of this Law, the sentence imposed under a decision on a custodial sentence to the requirements set out in criminal laws of the Republic of Lithuania by issuing a ruling.
2. Where a citizen of the Republic of Lithuania or a person permanently residing in the Republic of Lithuania has been surrendered for prosecution to a Member State of the European Union which issued a European arrest warrant, provided that the convicted person will be returned to the Republic of Lithuania to serve a custodial sentence imposed on him/her, a decision on his/her custodial sentence shall be taken over for execution in the Republic of Lithuania, at the request of the convicted person or at the requirement of the Prosecutor General’s Office of the Republic of Lithuania, in accordance with the procedure laid down in this Law having regard to the specific features provided for in paragraph 3 of this Article.
3. In the case referred to in paragraph 2 of this Article, a decision on a custodial sentence shall be recognised by a district court of a convicted person’s place of residence or, where the place of residence cannot be determined, by the District Court of Vilnius City after receiving from the Ministry of Justice of the Republic of Lithuania the decision on a custodial sentence taken by another Member State of the European Union and a certificate. When issuing a ruling, the court shall not decide whether there are grounds, as provided for in Article 8 of this Law, for refusing to recognise the decision on a custodial sentence.
CHAPTER III
TRANSMISSION, TO OTHER MEMBER STATES OF THE EUROPEAN UNION FOR EXECUTION, OF DECISIONS OF COURTS OF THE REPUBLIC OF LITHUANIA ON A CUSTODIAL SENTENCE
Article 18. Conditions for transmission of a decision on a custodial sentence for execution to another Member State of the European Union
1. The following decisions of courts of the Republic of Lithuania on a custodial sentence may be transmitted for execution to another Member State of the European Union in accordance with the procedure laid down in this Chapter:
2) judgments/rulings imposing the compulsory medical measure of in-patient observation under the conditions of general, enhanced or strict observation at specialised mental health care institutions;
2. A decision on a custodial sentence, as referred to in paragraph 1 of this Article, imposed by a court of the Republic of Lithuania on a national of another Member State of the European Union may, irrespective of his/her consent or dissent to his/her transfer, be transmitted for execution to the competent authority of the State of his/her nationality, provided that all of the following conditions are met:
1) a court has reasonable grounds to believe that the transmission of execution of a sentence to the convicted person’s State of nationality will serve the purpose of facilitating his/her social rehabilitation;
2) a person has his/her place of residence in the State of his/her nationality, or the Migration Department under the Ministry of the Interior of the Republic of Lithuania or the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania has adopted a decision whereby a person who has served his/her sentence will be obliged to depart for or will be expelled to the State of his/her nationality.
3. A decision on a custodial sentence, as referred to in paragraph 1 of this Article, imposed by a court of the Republic of Lithuania on a national of another Member State of the European Union or a person who has his/her place of residence or other close connections with this Member State may be transmitted for execution to the competent authority of the Member State, provided that all of the following conditions are met:
1) a court has reasonable grounds to believe that the transmission of execution of a sentence to another Member State of the European Union will serve the purpose of facilitating the convicted person’s social rehabilitation;
2) the convicted person consents to the taking over of the execution of the decision on a custodial sentence by another Member State of the European Union;
4. When deciding whether conditions in another Member State of the European Union will serve the purpose of facilitating a convicted person’s social rehabilitation, the competent authority of another Member State of the European Union may be consulted in accordance with the procedure laid down in Article 21 of this Law.
5. Where a convicted person has fled or returned to another Member State of the European Union in view of the criminal proceedings pending against him/her or following the passing of a judgment of conviction in the Republic of Lithuania, a decision on a custodial sentence may be transmitted to this Member State of the European Union also without the convicted person’s consent as referred to in point 2 of paragraph 3 of this Article.
Article 19. Institutions deciding on the transmission, to another Member State of the European Union for execution, of a decision of a court of the Republic of Lithuania on a custodial sentence
A decision to transmit the execution of a decision of a court of the Republic of Lithuania on a custodial sentence to another Member State of the European Union shall be taken by:
1) a district court of the place of serving sentence or a district court of the place of application of a compulsory medical measure or a reformative sanction, where the convicted person is in the territory of the Republic of Lithuania;
Article 20. Initiative to transmit a decision on a custodial sentence for execution to another Member State of the European Union
1. If the execution of a sentence shows the circumstances referred to in Article 18 of this Law and enabling the transmission of execution of a decision on a custodial sentence to another Member State of the European Union, the institution executing a sentence (hereinafter in this Chapter: an ‘executing institution’, with the sentence being a compulsory medical measure or a reformative sanction) shall make, of its own motion or at the request of the convicted person, his/her family member or his/her defence counsel or the competent authority of another Member State of the European Union, to a court specified in Article 19(1) of this Law a submission for the transmission of a decision on a custodial sentence for execution to another Member State of the European Union.
2. The submission referred to in paragraph 1 of this Article must specify whether the convicted person consents to the transmission of the decision on a custodial sentence for execution to another Member State of the European Union. The submission made to the court shall be accompanied by a completed draft certificate, a transcript of the decision on a custodial sentence, a request of the convicted person, his/her family member or his/her defence counsel or the competent authority of another Member State of the European Union, and the information substantiating that conditions in another Member State of the European Union will serve the purpose of facilitating the social rehabilitation of the convicted person.
Article 21. Consultations on transmission of a decision on a custodial sentence for execution to another Member State of the European Union
1. Consultations with the competent authority of another Member State of the European Union in the cases referred to in paragraphs 2 and 3 of this Article shall be conducted by the Ministry of Justice of the Republic of Lithuania. Consultations shall not be conducted where a decision on a custodial sentence is transmitted to another Member State of the European Union at the request of the competent authority of that Member State.
2. In the case referred to in Article 18(3)(3) of this Law, where a decision on a custodial sentence may be transmitted to another Member State of the European Union for execution only with the consent of its competent authority, the executing authority shall, prior to making a submission to a court in accordance with the procedure laid down in Article 20(1) of this Law, refer to the Ministry of Justice of the Republic of Lithuania for conducting consultations with the competent authority of another Member State of the European Union.
3. If, in the course of a court’s consideration of a submission referred to in Article 20(1) of this Law, doubts arise as to whether the transmission of execution of a decision on a custodial sentence to another Member State of the European Union will serve the purpose of facilitating the social rehabilitation of a convicted person, the court may refer to the Ministry of Justice of the Republic of Lithuania for conducting consultations with the competent authority of another Member State of the European Union.
4. Documents referred to in Article 20 of this Law shall be submitted to the Ministry of Justice of the Republic of Lithuania together with the request.
5. The Ministry of Justice of the Republic of Lithuania shall, in the course of consultations with the competent authority of another Member State of the European Union, submit to it the information substantiating that conditions in this Member State will serve the purpose of social rehabilitation of a convicted person. After receiving a reply from the competent authority of another Member State of the European Union, the Ministry of Justice of the Republic of Lithuania shall forward the information about the results of consultations to the executing authority or to a court.
6. Where the consent of the competent authority of another Member State of the European Union, as referred to in Article 21(2) of this Law, to take over the execution of a decision on a custodial sentence is not obtained, the executing authority shall leave the issue unconsidered and shall inform the convicted person, his/her family member or his/her defence counsel thereof.
7. Where there have been no consultations in accordance the procedure laid down in this Article and the competent authority of another Member State of the European Union presents a reasoned opinion that it is impractical to transmit a decision on a custodial sentence for execution to it after the documents referred to in Article 23(1) of this Law have been forwarded to it, a court shall, after consultation with the Ministry of Justice of the Republic of Lithuania, assess the reasoned opinion and may decide to issue a ruling to revoke a ruling to transmit a decision on a custodial sentence for execution to that Member State. The reasoned opinion shall be considered, and the competent authority of another Member State of the European Union shall be informed of the adopted decision, not later than within ten working days from the receipt of the reasoned opinion by the court.
Article 22. Adoption of a decision to transmit a decision on a custodial sentence for execution to another Member State of the European Union
1. Having received a submission referred to in Article 20(1) of this Law, a court shall hold a court hearing. The court shall summon to the hearing a prosecutor, the convicted person, where he/she is in the territory of the Republic of Lithuania, his/her defence counsel, and a representative of the executing authority; however, failure of these persons to appear shall not have suspensory effect on the consideration of the issue, unless the court rules that their presence is necessary.
2. The consideration of the issue shall commence with a report of the presiding judge of the hearing. Thereafter, the court shall hear the persons who have appeared for the hearing. The court shall inform the convicted person as to the legal consequences of transmission of a decision on a custodial sentence for execution to another Member State of the European Union and shall provide an opportunity to state his/her opinion orally or in writing. If the convicted person states his/her opinion orally, his/her opinion shall be entered in a record of the hearing.
3. Having considered the issue, the court shall issue, in the deliberation room, one of the following rulings:
1) to transmit the execution of the decision on a custodial sentence to another Member State of the European Union. The court may stipulate that the decision on a custodial sentence may be executed in another Member State of the European Union only after the court obtains and assesses, in accordance with the procedure laid down in Article 23(7) of this Law, the information on legal acts of another Member State of the European Union in relation to early release from a place of custody;
4. Having issued a ruling, the court shall announce to the convicted person or his/her defence counsel, a representative of the executing authority and a prosecutor, who shall also be served with transcripts of the ruling. The court shall immediately, but not later than on the next working day, send a transcript of the ruling to the persons who did not attend the hearing.
5. The convicted person or his/her defence counsel, the executing authority a sentence and the prosecutor may appeal against the rulings referred to in paragraph 3 of this Article in accordance with the procedure laid down in Article 364 of the Code of Criminal Procedure of the Republic of Lithuania. Where a compulsory medical measure has been imposed by a decision on a custodial sentence, court rulings referred to in paragraph 3 of this Article shall be appealed against according to provisions of Article 405(6) of the Code of Criminal Procedure of the Republic of Lithuania.
Article 23. Transmission of a decision on a custodial sentence for execution to the competent authority of another Member State of the European Union
1. After the ruling referred to in Article 22(3)(1) of this Law becomes final, a certificate shall be completed within three working days. A court shall forward the certificate and a decision on a custodial sentence directly to the competent authority of another Member State of the European Union or a central authority of that Member State, where the latter has been designated. If the convicted person is in the territory of the Republic of Lithuania, the court shall notify him/her, by a standard notification, of transmission of the decision on a custodial sentence and the certificate to another Member State of the European Union. Otherwise, the standard notification and the certificate shall be forwarded to the competent authority of another European Union Member State.
2. When completing the certificate and the standard notification referred to in paragraph 1 of this Article, the court shall use the standard forms approved by the Minister of Justice of the Republic of Lithuania.
3. Where difficulties in determining the competent authority of another Member State of the European Union arise, the court may consult the Ministry of Justice of the Republic of Lithuania, which shall send all necessary inquiries, including through contact points of the European Judicial Network, in order to obtain information from another Member State of the European Union. All further communication between the court of the Republic of Lithuania and the competent authority of another Member State of the European Union shall be made directly.
4. The decision on a custodial sentence and the certificate shall be forwarded to the competent authority of another Member State of the European Union by any means which leaves a written record under conditions allowing another Member State of the European Union to establish the authenticity of the documents. Documents may be forwarded only to one Member State of the European Union at the same time.
5. The documents to be forwarded, except for the decision on a custodial sentence, must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union. The translation of documents shall be ensured by the court that issued a ruling to transmit a decision on a custodial sentence for execution to another Member State of the European Union.
6. At the request of the competent authority of another Member State of the European Union, the court shall, not later than within ten working days, forward to it the originals of the decision on a custodial sentence and/or the certificate or their certified transcripts, as well as translations of the decision on a custodial sentence or the essential parts thereof into the language referred to in paragraph 5 of this Article. Where necessary, the competent authority of another Member State of the European Union may be consulted with a view to determining the essential parts of a custodial sentence to be translated.
7. If the decision on a custodial sentence is transmitted to another Member State of the European Union for execution on the condition referred to in Article 22(3)(1) of this Law, the court shall request, in the certificate, the information about legal acts of that Member State in relation to early release from a place of custody. Having received the information, the court shall immediately assess whether application of these legal acts will not preclude the fulfilment of the purpose of the sentence. Where necessary, the court shall hold a hearing. Having concluded that the application of the laws of another Member State of the European Union executing the decision on a custodial sentence in relation to early release from a place of custody may preclude the fulfilment of the purpose of the sentence, the court shall issue a ruling to revoke the ruling to transmit a decision on a custodial sentence for execution to another Member State of the European Union. This ruling may be appealed against according to the procedure laid down in Article 22(5) of this Law. After the ruling to revoke the ruling to transmit a decision on a custodial sentence for execution to another Member State of the European Union becomes final, the competent authority of another Member State of the European Union shall be informed thereof without delay, but not later than on the next working day.
8. If the convicted person is absent from the Republic of Lithuania and it is necessary to ensure that he/she remains in the territory of another Member State of the European Union pending the forwarding of the decision on a custodial sentence and the certificate or pending the recognition of the decision on a custodial sentence in that Member State, the court may refer, by a separate request, to the competent authority of another Member State of the European Union for imposition of supervision measures on the convicted person. If the court has not requested imposition of supervision measures before forwarding the decision on a custodial sentence and the certificate, such a request may be included in the certificate.
9. If, after forwarding the decision on a custodial sentence and the certificate, the competent authority of another Member State of the European Union requests the consent to prosecute, place on remand or otherwise restrict a convicted person’s liberty for a criminal act committed before, but not causing, the transfer of the convicted person to another Member State of the European Union, this request shall be considered by the Prosecutor General’s Office of the Republic of Lithuania. A decision on the consent shall be taken not later than within 30 days from the receipt of the request.
Article 24. Transfer of a convicted person and consequences of a decision on transmission of execution of a decision on a custodial sentence to another Member State of the European Union
1. Having received a notification from the competent authority of another Member State of the European Union that a decision has been taken to recognise and execute a decision on a custodial sentence, a court shall inform the convicted person, the executing authority, the Ministry of Justice of the Republic of Lithuania, and the authorities referred to in Article 12(2) of this Law, where the convicted person is in the territory of the Republic of Lithuania. In the cases referred to in Article 23(7) of this Law, the information received about the legal acts applied by a Member State of the European Union executing a custodial sentence in relation to early release from the place of custody shall be assessed first.
2. Transfer of a convicted person who is in the territory of the Republic of Lithuania to a Member State of the European Union executing a decision on a custodial sentence shall be organised according to provisions of Articles 12(3) and (4) of this Law.
3. All costs related to the subsequent execution of a decision on a custodial sentence shall be borne by another Member State of the European Union, except for the costs of delivery of the convicted person to the territory of that Member State to be covered from the state budget of the Republic of Lithuania.
4. If a permit from a third party being another Member State of the European Union for carrying a convicted person in transit through the territory of that Member State is required when transferring the convicted person to a Member State of the European Union executing a decision on a custodial sentence, a request for such a permit shall be submitted by the Ministry of Justice of the Republic of Lithuania. The request shall be accompanied by a transcript of a certificate and its translation into the official language of that Member State or into another language where that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union. The Ministry of Justice of the Republic of Lithuania shall ensure the accuracy of the translation of the certificate. If an unscheduled landing occurs in the case of transport by air, the information required for obtaining a transit permit must be provided within 72 hours. Where another Member State of the European Union informs that the convicted person may, during his/her transit, be detained or otherwise subjected to prosecution in that Member State for the previous act committed by him/her, the Ministry of Justice of the Republic of Lithuania shall assess whether it is practical to withdraw the transit request.
5. After transferring a convicted person to another Member State of the European Union, the execution of a decision on a custodial sentence shall be terminated in the Republic of Lithuania, except for the cases provided for in paragraphs 8 and 9 of this Article.
6. A decision on a custodial sentence transmitted to another Member State of the European Union for execution may be appealed against only in the Republic of Lithuania under laws of the Republic of Lithuania.
7. A convicted person who has been imposed a custodial sentence or any other measure involving deprivation of liberty, with the sentence or the measure having been transmitted for execution to another Member State of the European Union, may be released from serving the sentence or fulfilling the measure under an act of pardon or amnesty in accordance with both the laws of the Republic of Lithuania and the national law of another Member State of the European Union.
8. If, during the execution of a decision on a custodial sentence in another Member State of the European Union, it transpires that the convicted person is acquitted by a judgment of a court of the Republic of Lithuania, a sentence is modified, the convicted person is released from criminal liability or a penalty or the decision on a custodial sentence ceases to be enforceable for any other reason, the executing authority shall immediately inform thereof the competent authority of the Member State of the European Union executing the decision on a custodial sentence.
9. If the competent authority of a Member State of the European Union executing a decision on a custodial sentence informs that the convicted person has escaped from a place of custody or is not otherwise found in its territory and, as a result, it is unable to execute the custodial sentence, the executing authority shall immediately refer to a court that issued a ruling to transmit the decision on a custodial sentence for execution to another Member State of the European Union with a submission for suspension of the ruling. Competent authorities of the Republic of Lithuania shall recover the rights of execution of a decision on a custodial sentence from the issue, by a court of the Republic of Lithuania, of a ruling to suspend a ruling to transmit a decision on a custodial sentence for execution to another Member State of the European Union. If the competent authority of another Member State of the European Union subsequently informs that the convicted person has been found in the territory of that Member State and it can continue the execution of the decision on a custodial sentence, the executing authority shall, without delay but not later than within three working days, refer to the court with a submission for revocation of the suspension of the ruling to transmit the decision on a custodial sentence for execution to another Member State of the European Union. If the court agrees to continue the execution of the decision on a custodial sentence in another Member State of the European Union and revokes the suspension of the ruling to transmit the decision on a custodial sentence for execution to another Member State of the European Union, the competent authority of another Member State of the European Union shall be informed thereof immediately, but not later than on the next working day.
CHAPTER IV
RECOGNITION AND EXECUTION OF DECISIONS ON A NON-CUSTODIAL SENTENCE OR PROBATION DECISIONS IN THE REPUBLIC OF LITHUANIA
Article 25. Grounds and conditions for recognition and execution of decisions on a non-custodial sentence or probation decisions in the Republic of Lithuania
1. The Republic of Lithuania shall recognise and execute decisions on a non-custodial sentence and probation decisions whereby an alternative sanction or a probation measure has been imposed on a convicted person who has his/her place of residence in the Republic of Lithuania and has returned to the Republic of Lithuania or wishes to return to the Republic of Lithuania.
2. The Republic of Lithuania may recognise and execute a decision on a non-custodial sentence or a probation decision whereby the competent authority of another Member State of the European Union has imposed an alternative sanction or a probation measure also on a person who does not have a place of residence in the Republic of Lithuania, where this is requested by the convicted person and a court agrees to take over the execution of the alternative sanction or the probation measure.
3. In the cases provided for in paragraphs 1 and 2 of this Article, an alternative sanction or a probation measure shall be recognised and executed only where they contain one or more of the following obligations or prohibitions:
2) a prohibition to visit certain localities, places or defined areas in the Member States of the European Union;
3) a prohibition containing limitations on leaving the territory of another Member State of the European Union;
4) obligations relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity;
7) an obligation to avoid contact with specific objects which have been used or are likely to be used by the convicted person with a view to committing a criminal act;
8) an obligation to compensate for the prejudice caused by a criminal act and/or an obligation to provide proof of compliance with such an obligation;
10) an obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of convicted persons;
4. In the cases referred to in paragraph 2 of this Article, a court shall generally consent to the taking over of the execution of an alternative sanction or a probation measure if the convicted person is studying, is employed or has concluded an employment contract in the Republic of Lithuania, a family member of the convicted person has his/her place of residence in the Republic of Lithuania, or there are other compelling reasons for which it is practical to take over the execution of the alternative sanction or the probation measure.
Article 26. Recognition of a decision on a non-custodial sentence or a probation decision in the Republic of Lithuania
1. A decision on a non-custodial sentence or a probation decision taken in another Member State of the European Union shall be recognised in the Republic of Lithuania by:
2. Having received a decision on a non-custodial sentence or a probation decision taken by the competent authority of another Member State of the European Union and a certificate referred to in Article 6 of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (hereinafter: ‘Council Framework Decision 2008/947/JHA’), the chair or deputy chair of a court or the chair of the criminal division of the court shall appoint a judge to consider the issue.
3. On an instruction of the appointed judge, the convicted person, his/her defence counsel, a prosecutor and a probation service shall be notified of the date of the consideration of the issue and shall be invited to submit statements of defence regarding recognition of the decision. A statement of defence of the probation service containing proposals on the adaptation of an alternative sanction or a probation measure to criminal and penal laws of the Republic of Lithuania in accordance with the procedure laid down in Article 28 of this Law shall be obligatory. The convicted person, his/her defence counsel, the prosecutor and a representative of the probation service shall not be summoned to a court hearing.
4. Having considered the issue under the written procedure, the court shall issue one of the following rulings:
2) to refuse to recognise the decision on a non-custodial sentence or the probation decision, where there are grounds, as referred to in Article 27 of this Law, for refusing to recognise a decision on a non-custodial sentence or a probation decision. The ruling referred to in this point must be reasoned.
5. Having issued the rulings referred to in paragraph 4 of this Article, the court shall, without delay but not later than on the next working day, send a copy of the ruling to the convicted person, his/her defence counsel and the prosecutor.
6. A court ruling to recognise a decision on a non-custodial sentence or a probation decision or to refuse to recognise a decision on a non-custodial sentence or a probation decision may be appealed against by a prosecutor, a convicted person or his/her defence counsel in accordance with the procedure laid down in Article 364 of the Code of Criminal Procedure of the Republic of Lithuania.
Article 27. Refusal to recognise a decision on a non-custodial sentence or a probation decision
1. A court shall refuse to recognise a decision on a non-custodial sentence or a probation decision if:
1) the execution of the decision on a non-custodial sentence or the probation decision would violate fundamental human rights and/or freedoms;
2) the decision on a non-custodial sentence or the probation decision relates to a criminal act that does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania;
3) the decision on a non-custodial sentence or the probation decision has been taken in respect of a criminal act that may be covered by the criminal law of the Republic of Lithuania, and the limitation period for the execution of a judgment of conviction as provided for in Article 96 of the Criminal Code of the Republic of Lithuania has expired;
4) at the time of committing a criminal act, the convicted person due to his/her age could not yet have been held criminally liable under the Criminal Code of the Republic of Lithuania
5) recognition and execution of the decision on a non-custodial sentence or the probation decision would be contrary to the principle of ne bis in idem;
6) the received certificate referred to in Article 26(2) of this Law is incomplete or manifestly does not correspond to the decision on a non-custodial sentence or the probation decision and has not been completed or corrected within a time limit set by the court, or this certificate has not been translated into the Lithuanian language, or a translation into the Lithuanian language of the decision on a non-custodial sentence or the probation decision or of its essential parts has not been obtained, where the content of these documents is insufficient to decide and the court has requested that a translation be provided;
7) alternative sanctions or probation measures imposed on the convicted person by the decision on a non-custodial sentence or the probation decision do not correspond to the measures referred to in Article 25(3) of this Law;
8) the convicted person enjoys immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania;
9) the duration of an alternative sanction or a probation measure imposed by the decision on a non-custodial sentence or the probation decision is less than six months;
10) the convicted person did not appear in person for the hearing of the issue before the court that had taken the decision on a non-custodial sentence or the probation decision, except where the certificate states that:
a) he/she was summoned in person in due time or by other means actually received official information of the scheduled date and place of the hearing before the court in such a manner that it was unequivocally established that he/she was aware of the scheduled hearing, and he/she was also informed that a decision may be handed down if he/she did not appear for the hearing before the court, or
b) having been informed of the scheduled hearing, he/she authorised his/her chosen defence counsel or appointed public defender to defend him/her at the hearing, and the defence counsel/public defender actually defended the person at the hearing, or
c) after being served with the decision and being expressly informed about the right to a retrial or appeal in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being quashed, the person expressly stated that he did not contest the decision or did not request a retrial or an appeal in the applicable timeframe;
11) the convicted person does not have a place of residence in the Republic of Lithuania or has not returned to, or does not intend to return to, the Republic of Lithuania, where a request to recognise the decision on a non-custodial sentence or the probation decision is based on the criteria provided for in Article 25(1) of this Law;
12) alternative sanctions or probation measures which have been imposed by the decision on a non-custodial sentence or the probation decision consist of a treatment or therapeutic measure which cannot be executed by the Republic of Lithuania in accordance with its legal or health care systems, and such a measure cannot be adapted to the sentences or any other measures provided for in the Criminal Code of the Republic of Lithuania in accordance with the procedure laid down in Article 28 of this Law;
2. In the cases provided for in points 5, 6, 7, 10, 11, 12 and 13 of paragraph 1 of this Article, before deciding to refuse to recognise a decision on a non-custodial sentence or a probation decision, a court shall consult the competent authority of another Member State of the European Union, by an appropriate means, and shall, where necessary, request it to supply additional explanations or other necessary information within a set time limit. If the necessary information is not received within the set time limit, the court shall issue a ruling to refuse to recognise the decision on a non-custodial sentence or the probation decision. Where additional information needs to be obtained, the court may refer to the competent authority of another Member State of the European Union also in other cases.
Article 28. Adaptation of an alternative sanction or a probation measure to criminal and penal laws of the Republic of Lithuania
1. Having decided to recognise a decision on a non-custodial sentence or a probation decision, a court shall, by the same ruling, adapt an alternative sanction or a probation measure imposed by another Member State of the European Union to the sentences or other measures provided for in the Criminal Code of the Republic of Lithuania.
2. The duration, nature and imminent legal consequences of non-compliance with an adapted alternative sanction or probation measure must correspond as closely as possible to the duration, nature and imminent legal consequences of non-compliance with the alternative sanction or probation measure imposed by another Member State of the European Union. It shall be prohibited to replace a sentence by another measure and to replace another measure by a sentence.
3. If an alternative sanction or a probation measure imposed by another Member State of the European Union has been adapted to criminal laws of the Republic of Lithuania on the grounds that its duration exceeds the maximum term of a sentence or any other sanction provided for in the criminal laws of the Republic of Lithuania, the duration of the adapted alternative sanction or probation measure may not be shorter than the maximum term of the sentence or any other measure provided for in a criminal law of the Republic of Lithuania for the relevant criminal acts.
4. A court must include into an alternative sanction or a probation measure the time of the alternative sanction or the probation measure served in another Member State of the European Union.
Article 29. Time limit for recognition of a decision on a non-custodial sentence or a probation decision in the Republic of Lithuania
1. A court shall issue a ruling to recognise a decision on a non-custodial sentence or a probation decision or a ruling to refuse to recognise a decision on a non-custodial sentence or a probation decision not later than within 45 days from receipt of the documents referred to in Article 26(2) of this Law by the court.
2. The time limit for issuing the ruling referred to in paragraph 1 of this Article shall be suspended if, in the cases provided for in Article 27(2) of this Law, the court refers to the competent authority of another Member State of the European Union with a request to supply additional explanations or other necessary information within a set time limit. The time limit referred to in paragraph 1 of this Article shall resume from the receipt of a supplemented or corrected certificate, or a translation into the Lithuanian language of the decision on a non-custodial sentence or the probation decision in full or in part, or other information.
3. A final decision to recognise a decision on a non-custodial sentence or a probation decision or to refuse to recognise the decision, including the time limit for hearing a complaint under the appeal procedure, must be taken not later than within 60 days from the receipt of the documents referred to in Article 26(2) of this Law by a court.
4. Where a final decision has not been adopted due to exceptional circumstances within the time limit referred to in Article 29(3), a relevant court referred to in Article 26(1) of this Law shall notify thereof the competent authority of another Member State of the European Union, giving the reasons for the delay and indicating the estimated time needed for the decision to be taken.
Article 30. Notification of the competent authority of another Member State of the European Union
1. A court shall, without delay but not later than within five working days, directly inform the competent authority of another Member State of the European Union of the following final decisions:
1) a ruling to recognise a decision on a non-custodial sentence or a probation decision, including a decision to adapt an alternative sanction or a probation measure imposed by another Member State of the European Union to criminal and penal laws of the Republic of Lithuania, together with the reasons for the adaptation;
2) a ruling to refuse to recognise a decision on a non-custodial sentence and a probation decision, together with the reasons for the refusal;
3) a ruling to modify the terms of conditional release from a correctional facility or to revoke conditional release from the correctional facility and to refer a convicted person to serve the remainder of a custodial sentence;
4) a ruling to change the conditions of suspension of the execution of a sentence or to revoke the suspension of the execution of a sentence and to refer a convicted person to serve the remainder of a custodial sentence;
2. A probation service shall, without delay but not later than within five working days, inform the competent authority of another Member State of the European Union if:
1) the competent authority of another Member State of the European Union requests to provide information on the maximum term of a custodial sentence or any other measure that is provided for in criminal laws of the Republic of Lithuania for a criminal act in respect of which a decision on a non-custodial sentence or a probation decision has been taken and that could be imposed on a convicted person when he/she attempts to evade or fails to comply with an alternative sanction or probation measure without compelling reasons;
2) a convicted person is released from serving all or part of an alternative sanction or probation measure under an act of pardon or amnesty;
3) any decision taken on modification, suspension or termination of the execution of an alternative sanction or probation measure;
3. The information shall be communicated to the competent authority of another Member State of the European Union in compliance with the conditions referred to in Article 16(3) of this Law. A probation service shall communicate the information referred to in paragraph 2 of this Article directly to the competent authority of another Member State of the European Union.
Article 31. Execution of a decision on a non-custodial sentence or a probation decision in the Republic of Lithuania
1. A decision on a non-custodial sentence or a probation decision recognised in accordance with the procedure laid down in Article 26 of this Law and adapted to criminal and penal laws of the Republic of Lithuania in accordance with the procedure laid down in Article 28 of this Law shall be executed in accordance with laws of the Republic of Lithuania. When a person fails to comply with an alternative sanction or a probation measure, he/she may suffer the legal consequences provided for in the laws of the Republic of Lithuania.
2. All expenses related to the execution of a recognised decision on a non-custodial sentence or a probation decision in the Republic of Lithuania shall be reimbursed from the state budget of the Republic of Lithuania, with the exception of expenses incurred in the territory of another Member State of the European Union which has taken the decision on a non-custodial sentence or the probation decision.
Article 32. End of the execution of a decision on a non-custodial sentence or a probation decision in the Republic of Lithuania
1. The execution of a decision on a non-custodial sentence or a probation decision in the Republic of Lithuania shall end:
1) upon the execution of an alternative sanction or probation measure imposed by the decision or after the expiry of the term of the execution thereof;
2) upon the release of a convicted person from compliance with all or part of an alternative sanction or a probation measure under an act of pardon or amnesty;
2. On a submission of a probation service, a court may terminate execution of a decision on a non-custodial sentence or a probation decision if:
1) a convicted person goes into hiding to avoid the execution of an alternative sanction or a probation measure;
3) new criminal proceedings are opened against a convicted person in a Member State which took the decision on a non-custodial sentence or the probation decision, and the competent authority of that Member State requests to terminate the execution of the decision on a non-custodial sentence or the probation decision in the Republic of Lithuania.
3. The issues referred to in paragraph 2 of this Article shall be considered and resolved by a ruling of a judge of a district court of the location of a probation service. A convicted person, his/her defence counsel, a prosecutor and a representative of a probation service shall not be summoned to a court hearing. The court shall immediately and directly notify the competent authority and a probation service of another Member State of the European Union of the decisions taken. Where another Member State of the European Union receives the court’s notification, the right to execute the decision on a non-custodial sentence or the probation decision shall revert to that Member State.
CHAPTER V
TRANSMISSION, TO OTHER MEMBER STATES OF THE EUROPEAN UNION FOR EXECUTION, OF DECISIONS ON A NON-CUSTODIAL SENTENCE AND PROBATION DECISIONS OF COURTS OF THE REPUBLIC OF LITHUANIA
Article 33. Grounds and conditions for the transmission, to another Member State of the European Union for execution, of a decision on a non-custodial sentence or a probation decision
1. The following decisions on a non-custodial sentence or probation decisions of courts of the Republic of Lithuania may be transmitted to another Member State of the European Union for execution in accordance with the procedure laid down in this Chapter:
1) judgments imposing on a convicted person the penalty of community service or restriction of liberty;
2. Decisions on a non-custodial sentence or probation decisions referred to in paragraph 1 of this Article shall be transmitted to another Member State of the European Union for execution only where the sentences or sanctions imposed on a convicted person contain:
3. On a submission of a probation service or of its own motion, a court may transmit a decision on a non-custodial sentence or a probation decision referred to in paragraph 1 of this Article to another Member State of the European Union for execution if a convicted person has returned or intends to return to his/her place of residence in that Member State.
4. On a submission of a probation service or of its own motion, the court may also transmit a decision on a non-custodial sentence or a probation decision referred to in paragraph 1 of this Article to another Member State of the European Union for execution if a convicted person so requests and the competent authority of that Member State consents to the transmission.
Article 34. Initiative to transmit a decision on a non-custodial sentence or a probation decision of courts of the Republic of Lithuania for execution to another Member State of the European Union
1. If, during the execution of a sentence or probation, the grounds and conditions referred to in Article 33 of this Law transpire allowing for a decision on a non-custodial sentence or a probation decision to be transmitted for execution to another Member State of the European Union, a probation service shall, of its own motion or at the request of a convicted person, make to the court referred to in Article 35(1) of this Law a submission for transmission of the decision on a non-custodial sentence or the probation decision for execution to another Member State of the European Union. In the case referred to in Article 33(4) of this Law, a submission may be made only at the request of the convicted person.
2. The submission to the court shall be accompanied by a completed draft certificate, a copy of the decision on a non-custodial sentence or the probation decision, and a request, if any, by the convicted person.
3. When imposing an alternative sanction or probation measures, a court may, of its own motion and in accordance with the procedure set out in this Chapter, also decide on transmitting a decision on a non-custodial sentence or a probation decision for execution to another Member State of the European Union.
Article 35. Taking of a decision to transmit a decision on a non-custodial sentence or a probation decision for execution to another Member State of the European Union
1. The issue of transmission of a decision on a non-custodial sentence or a probation decision for execution to another Member State of the European Union shall be considered and resolved by a district court of the location of a probation service.
2. Having received the submission referred to in Article 34(1) of this Law, a court shall hold a court hearing. The court shall summon to the hearing a prosecutor, a convicted person, where he/she is in the territory of the Republic of Lithuania, his/her defence counsel, and a representative of a probation service; failure to appear by these persons, however, failure of these persons to appear shall not have suspensory effect on the consideration of the issue, unless the court rules that their presence is necessary.
3. The consideration of the issue shall commence with a report of the presiding judge of the hearing. Thereafter, the court shall hear the persons who have appeared for the hearing. The court shall inform the convicted person as to the legal consequences of transmission of the decision on a non-custodial sentence or the probation decision for execution to another Member State of the European Union and shall provide an opportunity to state his/her opinion orally or in writing. If the convicted person states his/her opinion orally, his/her opinion shall be entered in a record of the hearing.
4. Having considered the issue, the court shall issue, in the deliberation room, one of the following rulings:
1) to transmit the decision on a non-custodial sentence or the probation decision for execution to another Member State of the European Union;
5. Having issued a ruling, the court shall announce it to the convicted person or his/her defence counsel, the representative of the probation service and the prosecutor, who shall also be served with transcripts of the ruling. The court shall, without delay but not later than on the next working day, send a transcript of the ruling to the persons who did not attend the hearing.
Article 36. Transmission, to another Member State of the European Union for execution, of a decision on a non-custodial sentence or a probation decision of courts of the Republic of Lithuania
1. After the ruling referred to in Article 35(4)(1) of this Law becomes final, a certificate shall be completed within three working days. A court shall forward the certificate and a decision on a non-custodial sentence or a probation decision directly to the competent authority of another Member State of the European Union or a central authority of that Member State, where the latter has been designated.
2. When completing the certificate referred to in paragraph 1 of this Article, the court shall use the standard form approved by the Minister of Justice of the Republic of Lithuania.
3. The decision on a non-custodial sentence or the probation decision and the certificate shall be forwarded to the competent authority of another Member State of the European Union by any means which leaves a written record under conditions allowing another Member State of the European Union to establish the authenticity of the documents. Documents may be forwarded only to one Member State of the European Union at the same time.
4. The certificate must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union. The translation of the certificate shall be ensured by the court that issued a ruling to transmit the execution of the decision on a non-custodial sentence or the probation decision to another Member State of the European Union.
5. At the request of the competent authority of another Member State of the European Union, the court shall, not later than within ten working days, forward to it the originals of the decision on a non-custodial sentence or the probation decision and/or of the certificate or their certified transcripts, as well as translations of the decision on a non-custodial sentence or the probation decision or the essential parts thereof into the language indicated in paragraph 4 of this Article.
6. In addition to the documents referred to in paragraph 1 of this Article, the court may request the competent authority of another Member State of the European Union to provide information on the maximum term of a custodial sentence or any other measure that is provided for in its criminal laws for a criminal act in respect of which a decision on a non-custodial sentence or a probation decision has been taken and that could be imposed on a convicted person when he/she attempts to evade or fails to comply with an alternative sanction or a probation measure without compelling reasons.
Article 37. Legal consequences of transmission, to another Member State of the European Union for execution, of a decision on a non-custodial sentence or a probation decision
1. Having received a notification from the competent authority of another Member State of the European Union that a decision has been taken to recognise and execute a decision on a non-custodial sentence or a probation decision, a court shall inform a convicted person, where he/she is in the Republic of Lithuania, and a probation service of the received notification.
2. Having received a court notification, a probation service shall immediately terminate the execution of an alternative sanction or a probation measure, except for the cases provided for in paragraphs 3 and 4 of this Article.
3. If another Member State of the European Union has submitted to the General Secretariat of the Council of the European Union a declaration referred to in Article 14(3) of Council Framework Decision 2008/947/JHA, a probation service and a court shall, ex officio, retain the powers relating both to revocation of the suspension of the execution of a sentence or of conditional release from a correctional facility and to the referral of a convicted person to serve the remainder of a custodial sentence to the extent and in the cases for which another Member State of the European Union has renounced such powers by this declaration.
4. If the competent authority of another Member State of the European Union informs the court that it has established one or more grounds for refusing to recognise and execute a decision on a non-custodial sentence or a probation decision, but could consent to take over the supervision of an alternative sanction or a probation measure, except for the powers relating to the modification of the alternative sanction or the probation measure, revocation of the suspension of the execution of the sentence or of conditional release from a correctional facility and the referral of a convicted person to serve the remainder of a custodial sentence, the court which has transmitted the decision on a non-custodial sentence or the probation decision for execution to another Member State of the European Union may give consent to the competent authority of that Member State for transferring responsibility for the supervision of the alternative sanction or the probation measure to that Member State under these conditions. In such a case, the probation service and the court shall, ex officio, retain the powers relating to the modification of the alternative sanction or the probation measure, revocation of the suspension of the execution of the sentence or of conditional release from a correctional facility and the referral of the convicted person to serve the remainder of a custodial sentence to the extent that another Member State of the European Union has renounced those powers. The court shall immediately inform the convicted person, if he/she is in the Republic of Lithuania, and the probation service about the conditions of transmitting the alternative sanction or the probation measure for execution to another Member State of the European Union.
5. A final judgment passed by a court of the Republic of Lithuania on the basis whereof an alternative sanction or a probation measure imposed on a convicted person has been transmitted for execution to another Member State of the European Union may be reviewed only by courts of the Republic of Lithuania and only on the grounds and in accordance with the procedure laid down by laws of the Republic of Lithuania.
6. A convicted person who has been imposed an alternative sanction or a probation measure, with the sanction or the measure having been transmitted for execution to another Member State of the European Union, may be released from fulfilling the sanction or the measure under an act of pardon or amnesty in accordance with both laws of the Republic of Lithuania and the national law of another Member State of the European Union.
Article 38. Notification of the competent authority of another Member State of the European Union
1. A probation service shall, within five working days, directly inform the competent authority of another Member State of the European Union where circumstances transpire that, in the opinion of the probation service, would require another Member State of the European Union to modify the terms of an alternative sanction or a probation measure or to revoke conditional release from a correctional facility or the suspension of the execution of a sentence and to refer a convicted person to serve the remainder of a sentence.
2. In the cases referred to in Article 37(3) and (4) of this Law, a probation service shall, within five working days, notify the competent authority of another Member State of the European Union where a decision is taken in the Republic of Lithuania on the modification of an alternative sanction or a probation measure, on revocation of the suspension of the execution of a sentence or of conditional release from a correctional facility and the referral of a convicted person to serve the remainder of a custodial sentence or where the term of execution of the alternative sanction or the probation measure has expired.
Article 39. Recovery of the rights of execution of a decision on a non-custodial sentence or a probation decision transmitted to another Member State of the European Union
1. The Republic of Lithuania shall recover all of the rights of execution of a decision on a non-custodial sentence or a probation decision where:
1) a notice is received from the competent authority of another Member State of the European Union regarding reversion of the execution of an alternative sanction or a probation measure to the Republic of Lithuania on the grounds that a convicted person has gone into hiding or is no longer located in another Member State of the European Union for other reasons or that the convicted person no longer has his/her place of residence in another Member State of the European Union;
2) in the case provided for in paragraph 2 of this Article, consent of the competent authority of another Member State of the European Union is obtained to revert to the Republic of Lithuania the rights of execution of the decision on a non-custodial sentence or the probation decision on the grounds that new criminal proceedings have been opened in the Republic of Lithuania in respect of a criminal act committed by a convicted person;
3) in the case provided for in paragraph 3 of this Article, a court of the Republic of Lithuania notifies the competent authority of another Member State of the European Union that the Republic of Lithuania withdraws the rights of execution of the decision on a non-custodial sentence or the probation decision because further execution of the decision in another Member State of the European Union may infringe the principle of justice;
4) in the cases provided for in Article 37(3) and (4) of this Law, a decision is taken in the Republic of Lithuania on revocation of the suspension of the execution of a sentence or of a convicted person’s conditional release from a correctional facility and his/her referral to serve the remainder of a custodial sentence.
2. Where new criminal proceedings are opened in the Republic of Lithuania in respect of a criminal act committed by a convicted person, a court may, on a submission of a prosecutor or of its own motion, refer to the competent authority of another Member State of the European Union with a request to revert the rights of execution of a decision on a non-custodial sentence or a probation decision to the Republic of Lithuania. After the consent of the competent authority of another Member State of the European Union to revert the rights of execution of the decision on a non-custodial sentence or the probation decision to the Republic of Lithuania is obtained, the court shall annul by its ruling the previous court ruling to transmit the decision on a non-custodial sentence or the probation decision to another Member State of the European Union and shall send to the competent authority of this Member State a notification of withdrawal of the certificate referred to in Article 36(1) of this Law.
3. The court shall annul by its ruling the previous court ruling to transmit the decision on a non-custodial sentence or the probation decision for execution to another Member State of the European Union and shall send to the competent authority of this Member State a notification of withdrawal of the certificate referred to in Article 36(1) of this Law where the information obtained from the competent authority of another Member State of the European Union suggests that the principle of justice will be infringed because:
1) an alternative sanction or a probation measure adapted to the national law in another Member State of the European Union has become more severe than an alternative sanction or a probation measure imposed in the Republic of Lithuania, or
2) a custodial sentence or any other measure imposed on a convicted person under the law of another Member State of the European Union would be more severe than provided for by criminal laws of the Republic of Lithuania, where he/she evades or fails to comply with an alternative sanction or a probation measure without compelling reasons.
4. The court may issue the ruling referred to in paragraph 3 of this Article only where the competent authority of another Member State of the European Union has not yet commenced the execution of the alternative sanction or the probation measure and the time limit of ten days from receipt of the information from the competent authority of another Member State of the European Union has not expired.
5. The rulings referred to in paragraphs 2 and 3 shall become effective from their issue and shall be final and not subject to appeal.
6. Having received the notification referred to in point 1 of paragraph 1 of this Article or having issued the ruling referred to in paragraph 2 or 3 of this Article, the court shall immediately inform a convicted person and a probation service thereof.
7. Having received the notification referred to in paragraph 6 of this Article, the probation service shall immediately take the necessary measures to commence or continue the execution of the decision on a non-custodial sentence or the probation decision.
8. In the course of the subsequent execution of the decision on a non-custodial sentence or the probation decision in the Republic of Lithuania, the probation service or the court shall, ex officio, take into account the duration of and compliance with the alternative sanction or the probation measure executed in another Member State of the European Union, as well as other decisions taken in respect of the convicted person by the competent authority of another Member State of the European Union.
CHAPTER VI
RECOGNITION AND EXECUTION OF DECISIONS ON SUPERVISION MEASURES IN THE REPUBLIC OF LITHUANIA
Article 40. Recognition of a decision on a supervision measure in the Republic of Lithuania
1. A decision on a supervision measure taken by the competent authority of another Member State of the European Union during criminal proceedings and transmitted to the Republic of Lithuania against a person who has his/her permanent place of residence in the Republic of Lithuania and has consented to return to the Republic of Lithuania shall be recognised by a decision of a prosecutor of the regional prosecutor’s office of the place of residence of the person in respect of whom the decision has been taken as quickly as possible but not later than within 20 working days from receipt of the decision. When recognising the decision on a supervision measure, the prosecutor shall select and impose one or more supervision measures specified in the Code of Criminal Procedure of the Republic of Lithuania (with the exception of remand, intensive supervision, house arrest, and the obligation to reside separately from the victim and/or prohibition to approach the victim closer than a prescribed distance) which most closely correspond to, but do not exceed in severity, the obligations and/or prohibitions specified in the decision of the competent authority of another Member State of the European Union on a supervision measure.
2. At the request of the competent authority of another Member State of the European Union, a decision on a supervision measure imposed on a person who does not have a permanent place of residence in the Republic of Lithuania may be recognised and executed in the Republic of Lithuania in accordance with the procedure laid down in this Article, where this person so requests and a prosecutor agrees to take over the execution of the decision on a supervision measure. A prosecutor shall, as a rule, consent to the taking over of the execution of a decision on a supervision measure if a suspect, an accused person or a convicted person is studying, is employed or has concluded an employment contract in the Republic of Lithuania, his/her family member has his/her place of residence in the Republic of Lithuania or there are other compelling reasons for which it is practical to take over the execution of the decision on a supervision measure. In the cases referred to in this paragraph, a decision to recognise a supervision measure shall be taken by a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania.
3. If it is necessary to impose the supervision measure of intensive supervision or house arrest or if it is necessary to suspend a suspect from duties or to suspend the right to engage in certain activities, a prosecutor shall submit an appropriate request to a pre-trial investigation judge, who validates the prosecutor’s decision to recognise a decision on a supervision measure and, by the same ruling, imposes intensive supervision or house arrest or suspension from duties or suspension of the right to engage in certain activities. The pre-trial investigation judge may refuse to validate the prosecutor’s decision to recognise the decision on a supervision measure only after establishing the circumstances referred to in paragraph 4 of this Article.
4. A prosecutor shall refuse to recognise a decision of the competent authority of another Member State of the European Union on a supervision measure if:
1) the received certificate is incomplete or manifestly does not correspond to the decision on a supervision measure and has not been completed or corrected within a time limit set by the prosecutor, or this certificate has not been translated into the Lithuanian language;
2) the decision on a supervision measure has been transmitted to the Republic of Lithuania in the absence of a request of the person in respect of whom the decision has been taken or the person has refused to return to the Republic of Lithuania;
3) obligations or prohibitions contained in the decision on a supervision measure are inconsistent with the criteria specified in Article 2(7) of this Law;
4) recognition and execution of the decision on a supervision measure would be contrary to the principle of ne bis in idem;
5) the decision on a supervision measure has been taken in respect of a criminal act that does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania;
6) the decision on a supervision measure relates to an act that may be covered by the criminal law of the Republic of Lithuania, and the limitation period for passing a judgment of conviction as provided for in Article 95 of the Criminal Code of the Republic of Lithuania and the limitation period for executing a judgment of conviction as provided for in Article 96 of the Code have expired;
7) the person in respect of whom the decision on a supervision measure has been taken enjoys immunity from criminal liability under international law or laws of the Republic of Lithuania;
8) at the time of committing a criminal act, the person in respect of whom the decision on a supervision measure has been taken due to his/her age could not yet have been held criminally liable under the Criminal Code of the Republic of Lithuania;
9) there are grounds, as referred to in Article 91 of the Criminal Code of the Republic of Lithuania, for refusing to surrender a person under a European arrest warrant to a Member State which has taken a decision on a supervision measure, where such a warrant would be issued in the event of violation of a supervision measure.
5. Before taking a decision to refuse to recognise a decision on a supervision measure in the cases referred to in points 1-4 of paragraph 4 of this Article, a prosecutor shall consult the competent authority of another Member State of the European Union, by any appropriate means, and shall, where necessary, request it to supply additional explanations or other necessary additional information within a set time limit. If the necessary information is not received within the set time limit, the prosecutor shall take the decision to refuse to recognise the decision on a supervision measure. Where additional information needs to be obtained, the prosecutor may refer to the competent authority of another Member State of the European Union also in other cases.
6. A prosecutor shall, without delay but not later than on the next working day, inform the person in respect of whom a decision has been taken and the competent authority of another Member State of the European Union about a decision to recognise a decision on a supervision measure and to impose supervision measures or other procedural coercive measures provided for in the Code of Criminal Procedure of the Republic of Lithuania or a decision to refuse to recognise a decision on a supervision measure.
7. A prosecutor’s decision to recognise a decision on a supervision measure and to impose supervision measures or other procedural coercive measures provided for in the Code of Criminal Procedure of the Republic of Lithuania or a decision to refuse to recognise a decision on a supervision measure may be appealed against by the person in respect of whom this decision has been taken or his/her defence counsel in accordance with the procedure laid down in Article 63 of the Code of Criminal Procedure of the Republic of Lithuania. Rulings of a pre-trial investigation judge, as referred to in paragraph 3 of this Article, to validate or to refuse to validate the prosecutor’s decision to recognise the decision on a supervision measure may be appealed against to a higher court in accordance with the procedure laid down in Part X of the Code of Criminal Procedure of the Republic of Lithuania. The prosecutor shall inform the competent authority of another Member State of the European Union about the filing of an appeal, the expected duration of examination of the appeal, and the outcome of examination of the appeal.
Article 41. Execution of a decision on a supervision measure in the Republic of Lithuania
1. A decision on a supervision measure recognised in the Republic of Lithuania in accordance with the procedure laid down in Article 40 of this Law shall be executed in accordance with the Code of Criminal Procedure of the Republic of Lithuania and other laws, having regard to the specific features referred to in this Article.
2. The execution of a decision on a supervision measure shall be controlled by a prosecutor who has recognised it.
3. During execution of a decision on a supervision measure, a prosecutor who controls it shall cooperate with and consult the competent authority of another Member State of the European Union. During execution of the decision on a supervision measure, all useful information, including information enabling to check a person’s identity, place of residence and previous convictions, may be exchanged. Where the person’s place of residence changes or he/she cannot be located there, the prosecutor shall immediately inform thereof the competent authority of another Member State of the European Union and, where necessary, announce a search for this person.
4. Only the competent authority of another Member State of the European Union shall have the right to take decisions relating to a decision on a supervision measure, including decisions on renewal, review and lifting of a supervision measure or another procedural coercive measure, on modification of a supervision measure or another procedural coercive measure, and on imposition of remand (pre-trial detention) to the extent this is related to criminal proceedings that take place in another Member State of the European Union in respect of a criminal act and lead to the taking of a decision on a supervision measure. Where another Member State of the European Union amends or updates the decision on a supervision measure, the decision shall be recognised in the Republic of Lithuania in accordance with the procedure laid down in Article 40 of this Law, except for the examination of the grounds for refusal to recognise the decision on a supervision measure as provided for in points 1, 2 and 4-9 of Article 40(4) of this Law.
5. Where the person in respect of whom the decision on a supervision measure has been taken violates the terms of the supervision measure imposed on the basis of this decision in the Republic of Lithuania and where other important circumstances that are relevant for the continued execution, renewal, review or withdrawal of the decision on a supervision measure transpire, the prosecutor shall immediately inform thereof the competent authority of another Member State of the European Union. Notice shall be given using the standard form approved by the Minister of Justice of the Republic of Lithuania.
6. Where a person in respect of whom a decision on a supervision measure has been taken commits a new criminal act or another offence in the Republic of Lithuania, he/she shall be held liable in accordance with the procedure laid down by laws of the Republic of Lithuania. The competent authority of another Member State of the European Union shall be immediately informed about the committed new criminal act or another offence and prosecution against the person.
7. If a European arrest warrant has been issued or an extradition request has been received in relation to a person in respect of whom a decision on a supervision measure has been taken, they shall be considered in accordance with the procedure laid down by laws of the Republic of Lithuania and international treaties to which the Republic of Lithuania is a party.
8. Decisions of a prosecutor controlling the execution of a decision on a supervision measure may be appealed against in accordance with the procedure laid down in Article 63 of the Code of Criminal Procedure of the Republic of Lithuania.
9. All expenses related to the execution of a decision on a supervision measure taken over for execution by the Republic of Lithuania shall be reimbursed from the state budget of the Republic of Lithuania, with the exception of expenses incurred in the territory of another Member State of the European Union which has taken the decision on a supervision measure.
Article 42. Termination of the execution of a decision on a supervision measure
1. The execution of a decision on a supervision measure in the Republic of Lithuania shall be terminated by a decision of a prosecutor if:
1) the competent authority of another Member State of the European Union has withdrawn a certificate or has otherwise decided to terminate the execution of supervision measures;
2) the term of application of the supervision measure, as specified in the decision on a supervision measure or a certificate, has expired;
3) in the event of imposition of intensive supervision, house arrest, suspension from duties or suspension of the right to engage in certain activities, the maximum term of application of this measure, as specified in Articles 1311, 132 or 157 of the Code of Criminal Procedure of the Republic of Lithuania, or the extension of this period has expired, and a pre-trial investigation judge, after examining the material submitted by a prosecutor and the competent authority of another Member State of the European Union, has decided not to extend the term of intensive supervision, house arrest, suspension from duties or suspension of the right to engage in certain activities;
4) a person in respect of whom the decision on a supervision measure has been taken has violated the conditions of the supervision measure at least twice, and the competent authority of another Member State of the European Union has not, within a reasonable time limit after the reminder, taken a decision to renew, review or withdraw the decision on a supervision measure;
2. Prior to taking a decision to terminate the execution of a decision on a supervision measure, a prosecutor must notify the competent authority of another Member State of the European Union thereof and, where necessary, request it to supply the necessary information within the time limit laid down by the prosecutor. If the competent authority of another Member State of the European Union requests to extend the application of intensive supervision, house arrest, suspension from duties or suspension of the right to engage in certain activities, the prosecutor shall refer to a pre-trial investigation judge with an appropriate request before the expiry of the term of this measure.
CHAPTER VII
TRANSMISSION OF CERTAIN TYPES OF SUPERVISION MEASURES OR OTHER PROCEDURAL COERCIVE MEASURES IMPOSED IN THE REPUBLIC OF LITHUANIA FOR EXECUTION TO ANOTHER MEMBER STATE OF THE EUROPEAN UNION
Article 43. Conditions for transmitting a decision on a supervision measure for execution to another Member State of the European Union
1. The following procedural coercive measures imposed in the course of criminal proceedings in the Republic of Lithuania (hereinafter in this Chapter: a ‘supervision measure’) may be transmitted for execution to another Member State of the European Union in accordance with the procedure laid down in this Article:
1) the supervision measures of intensive supervision, house arrest, bail, seizure of documents, obligation to periodically report to the police and written pledge not to leave;
2. A supervision measure may be transmitted for execution to the Member State of the European Union where a suspect, an accused person or a convicted person lawfully and permanently resides, provided that he/she consents to return to that Member State.
3. At the request of the suspect, the accused person or the convicted person, the supervision measure may also be transmitted for execution to another Member State of the European Union if the competent authority of that Member State consents to such a transmission.
4. When deciding on transmission of a supervision measure for execution to another Member State of the European Union, it must be considered whether the purpose of a supervision measure will be ensured in the course of its execution in that Member State and account must also be taken of the notification given by that Member State under Article 8(2) of Council Framework Decision 2009/829/JHA.
Article 44. Procedure for taking and monitoring a decision on transmission of a supervision measure for execution to another Member State of the European Union
1. A decision on transmission of a supervision measure for execution to another Member State of the European Union in the course of a pre-trial investigation shall be taken by a decision of a prosecutor or, in the course of a judicial investigation, by a ruling of a court hearing the case. Prior to taking this decision, the prosecutor or the court shall, as a rule, contact the competent authority of another Member State of the European Union in order to ascertain whether it is prepared to execute this supervision measure.
2. After taking a decision on transmission of a supervision measure for execution to another Member State of the European Union, a certificate shall be drawn up using the standard form approved by the Minister of Justice of the Republic of Lithuania. The certificate must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union. The translation of the certificate shall be ensured by an authority that has taken the decision on transmission of a supervision measure for execution to another Member State of the European Union.
3. A supervision measure may be transmitted only to one Member State of the European Union at the same time. A certificate shall be forwarded to the competent authority of another Member State of the European Union by any means which leaves a written record under conditions allowing another Member State of the European Union to establish the authenticity of documents.
4. An authority that has taken a decision on transmission of a supervision measure for execution to another Member State of the European Union and the competent authority executing the measure in another Member State of the European Union shall communicate directly with each other, except for the cases when this Member State has designated one or more central authorities. Where the competent authority of another Member State of the European Union is not known, contact points of the European Judicial Network may be consulted.
5. An authority that has taken a decision on transmission of a supervision measure for execution to another Member State of the European Union must:
1) follow the course of the execution of the supervision measure in another Member State of the European Union;
3) provide, of its own motion or at the request of the competent authority of another Member State of the European Union, this competent authority with any information necessary to ensure a smooth course of the execution of the supervision measure, including information about an appeal against the supervision measure and the outcome of the examination of the appeal;
4) take in due time in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania the necessary decisions on withdrawal or modification of a supervision measure, on extension of the supervision measure of intensive supervision or house arrest, on suspending from duties or suspending the right to engage in certain activities, also, where necessary, request to continue the application of supervision measures or revoke a decision on transmission of a supervision measure for execution to another Member State of the European Union and immediately inform the competent authority of another Member State of the European Union thereof;
5) having received from the competent authority of another Member State of the European Union of information about the maximum period during which the supervision of supervision measures may be exercised in that Member State, where such a period is provided for in its national law, or about a decision to adapt supervision measures, decide without delay but not later than within ten days from receipt of such information whether it is practical to revoke a decision on transmission of a supervision measure for execution to another Member State of the European Union if it transpires that the execution of the supervision measure in that Member State will not facilitate the achievement of the objectives;
6. A prosecutor’s decision on transmission of a supervision measure for execution to another Member State of the European Union and a decision on withdrawal of a certificate and taking over of the execution of a supervision measure may be appealed against in accordance with the procedure laid down in Article 63 of the Code of Criminal Procedure of the Republic of Lithuania. A court ruling on transmission of a supervision measure for execution to another Member State of the European Union and a ruling on withdrawal of a certificate and taking over of the execution of a supervision measure may be appealed against in accordance with the procedure laid down in Part X of the Code of Criminal Procedure of the Republic of Lithuania.
Article 45. Recognition of a European protection order in the Republic of Lithuania
1. A European protection order issued in the course of criminal proceedings and forwarded to the Republic of Lithuania by the competent authority of another Member State of the European Union shall, immediately and within the shortest possible time from receipt of a European protection order, be recognised, in the Republic of Lithuania, by a district court of the place of residence/stay of a person in respect of whom this decision has been taken, where the case is heard in court (hereinafter in Chapters VIII and IX: the ‘court’), or by a pre-trial investigation judge (hereinafter in Chapters VIII and IX: the ‘pre-trial investigation judge’), where a pre-trial investigation is conducted. When recognising the European protection order, the court or the pre-trial investigation judge shall select and impose one or more obligations and/or prohibitions specified in Article 1321 of the Code of Criminal Procedure of the Republic of Lithuania and Article 721 of the Criminal Code of the Republic of Lithuania, which most closely correspond to, but do not exceed in severity, the obligations and/or prohibitions specified in the European protection order issued by the competent authority of another Member State of the European Union.
2. Having taken a decision to recognise the European protection order, the court or the pre-trial investigation judge shall notify the person causing danger, the competent authority of the Member State of the European Union which has issued the European protection order, and the protected person of the obligations and/or prohibitions imposed pursuant to Article 45(1) and of the possible legal consequences of a breach thereof. The address of the protected person or other contact information shall not be disclosed to the person causing danger, except where such information is necessary to ensure the execution of an adopted protection measure.
3. Where the court or the pre-trial investigation judge considers that the information provided in the European protection order using the standard form approved by an order of the Minister of Justice of the Republic of Lithuania is incomplete, they shall, by any means which leaves a written record, inform thereof the competent authority of another Member State of the European Union which has issued the European protection order and request it to supply any missing data, additional explanations or other necessary information within a set time limit.
4. The court or the pre-trial investigation judge shall refuse to recognise a European protection order issued by the competent authority of another Member State of the European Union where:
1) the European protection order is incomplete or has not been completed within the time limit set by the court or the pre-trial investigation judge;
3) a protection measure, as adopted by the competent authority of another Member State of the European Union, relates to an act that does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania;
4) the protection derives from the execution of a penalty or measure that, according to the law of the Republic of Lithuania, is covered by an amnesty and relates to an act which falls within the competence of the Republic of Lithuania under the law of the Republic of Lithuania;
5) there is immunity from criminal liability conferred under the law of the Republic of Lithuania on the person causing danger;
6) criminal prosecution, against the person causing danger, for an act in relation to which a protection measure has been adopted in another Member State of the European Union is statute-barred under the law of the Republic of Lithuania, when the act falls within the competence of the Republic of Lithuania;
7) recognition and execution of the European protection order would contravene the ne bis in idem principle;
8) under the law of the Republic of Lithuania, the person causing danger cannot, because of his/her age, be held criminally responsible for an act in relation to which a protection measure has been adopted in another Member State of the European Union;
5. Having taken a decision to refuse to recognise the European protection order, the court or the pre-trial investigation judge shall, not later than within five working days from the taking of the decision, inform the protected person and the competent authority of the Member State of the European Union which issued the European protection order of the refusal and of the grounds relating thereto, as well as inform the protected person of any applicable remedies, including the possibility of requesting the adoption of a protection measure under the law of the Republic of Lithuania.
6. The person in respect of whom the decision has been taken or his/her defence counsel may appeal against a ruling of the court or the pre-trial investigation judge to refuse to recognise the European protection order in accordance with the procedure laid down in Article 65 or Part X of the Code of Criminal Procedure of the Republic of Lithuania.
Article 46. Execution of a European protection order in the Republic of Lithuania
1. A European protection order recognised in accordance with the procedure laid down in this Law shall be executed and the legal consequences related to its execution shall apply pursuant to laws of the Republic of Lithuania.
2. Where the person causing danger breaches a protection measure adopted in the Republic of Lithuania on the basis of a European protection order, the court or the pre-trial investigation judge shall immediately, within the shortest possible time, notify thereof the competent authority of another Member State of the European Union which has issued the European protection order or the State of supervision. Notice shall be given using the standard form approved by the Minister of Justice of the Republic of Lithuania.
3. All costs related to the execution of a European protection order in the Republic of Lithuania shall be covered from the state budget of the Republic of Lithuania, except for the costs incurred in the territory of another Member State of the European Union which has issued the European protection order.
Article 47. Discontinuation of protection measures adopted on the basis of a European protection order
1. A protection measure adopted on the basis of a European protection order may be discontinued by a decision of the court or the pre-trial investigation judge if:
1) there is clear indication that the protected person does not reside or stay in the territory of the Republic of Lithuania, or has definitively left that territory;
2) according to the law of the Republic of Lithuania, the maximum term of duration of adopted protection measures has expired;
3) the competent authority of another Member State of the European Union has modified the European protection order, and the newly imposed prohibition and/or obligation does not correspond to Article 1321 of the Code of Criminal Procedure of the Republic of Lithuania or Article 721 of the Criminal Code of the Republic of Lithuania, or where the information contained in the European protection order is incomplete or has not been completed in accordance with Article 45(3) of this Law;
2. The court or the pre-trial investigation judge shall, without delay but not later than within five working days from the taking of the decision specified in paragraph 1 of this Article, inform of the competent authority of another Member State of the European Union which has issued the European protection order and, where possible, the protected person of such decision.
3. Before discontinuing the adopted protection measures in accordance with point 2 of paragraph 1 of this Article, the court or the pre-trial investigation judge may invite the competent authority of the Member State of the European Union which has issued the European protection order to provide information as to whether the protection provided for by the European protection order is still needed in the circumstances of the case in question.
CHAPTER IX
TRANSMISSION OF A EUROPEAN PROTECTION ORDER ISSUED IN THE REPUBLIC OF LITHUANIA FOR EXECUTION TO ANOTHER MEMBER STATE OF THE EUROPEAN UNION
Article 48. Issue of a European protection order
1. A European protection order may be issued only where a protection measure adopted in the Republic of Lithuania is in force.
2. A European protection order may be issued if the protected person decides to reside or already resides in another Member State of the European Union or if the protected person decides to stay or already stays in another Member State of the European Union. When deciding upon the issuing of a European protection order, the court or the pre-trial investigation judge shall take into account the length of the period or periods that the protected person intends to stay in another Member State of the European Union and the seriousness of the need for protection. The European protection order shall be issued using the standard form approved by an order of the Minister of Justice of the Republic of Lithuania.
3. The protected person may submit a request for the issuing of a European protection order to a district court of his/her place of residence/stay or to a pre-trial investigation judge or to the competent authority of another Member State of the European Union. Where such a request has been submitted to the court or the pre-trial investigation judge as the authorities executing the European protection order, the court or the pre-trial investigation judge shall, without delay but not later than within five working days from receipt of such a request, transfer it to the competent authority of another Member State of the European Union as the issuing State. If the protected person has a representative, the latter may introduce such a request on behalf of the protected person.
4. The court or the pre-trial investigation judge adopting a protection measure shall inform the protected person about the possibility of requesting a European protection order in the case that that person intends to leave for another Member State of the European Union (advise to do so before leaving for another Member State of the European Union) as well as of the basic conditions for such a request.
5. Having taken a decision to refuse to issue the European protection order, the court or the pre-trial investigation judge shall, not later than within five working days from the taking of the decision, inform the protected person of the refusal and of the grounds relating thereto, as well as inform the protected person of any applicable remedies under the law of the Republic of Lithuania.
6. The person in respect of whom the decision has been taken or his/her defence counsel may appeal against a ruling of the court or the pre-trial investigation judge to refuse to recognise a European protection order in accordance with the procedure laid down in Article 65 or Part X of the Code of Criminal Procedure of the Republic of Lithuania.
Article 49. Competence of a court or a pre-trial investigation judge
1. In compliance with laws of the Republic of Lithuania, a court or a pre-trial investigation judge issuing a European protection order shall have exclusive competence to take decisions relating to:
1) the renewal, review, modification, revocation and withdrawal the adopted protection measure and the European protection order;
2. Where a court’s probation decision, decision on a non-custodial sentence or decision on supervision measures has already been transferred, or is transferred after the issuing of the European protection order, to another Member State of the European Union, subsequent decisions shall be taken in accordance with the provisions of Chapters IV-VII of this Law.
3. Where a protection measure is contained in a court’s probation decision or decision on a non-custodial sentence which have already been transferred to another Member State of the European Union or is transferred after the issuing of the European protection order to another Member State of the European Union, and the competent authority of the State of supervision has taken other decisions referred to in Article 31(1) and Article 37(3) of this Law affecting the obligations and/or prohibitions contained in the protection measure, the court or the pre-trial investigation judge shall, without delay but not later than within five working days from receipt of the relevant data, renew, review, modify, revoke or withdraw the European protection order.
4. The court or the pre-trial investigation judge shall, without delay but not later than within five working days from the taking of the decision, inform the competent authority of the executing State of any decision taken in accordance with paragraphs 1 and 3 of this Article.
5. If the court or the pre-trial investigation judge has revoked or withdrawn the European protection order in accordance with point 1 of paragraph or paragraph 3 of this Article, the competent authority of another Member State of the European Union must be informed thereof without delay but not later than within five working days from the taking of the decision. If such a notice is received from the competent authority of another Member State of the European Union by the court or the pre-trial investigation judge, they must discontinue protection measures adopted in accordance with Article 45 of this Law.
6. If the competent authority of another Member State of the European Union has modified the European protection order, the court or the pre-trial investigation judge shall:
1) modify the protection measures adopted on the basis of the European protection order, acting in accordance with Article 45 of this Law, or
2) refuse to enforce the modified obligation and/or prohibition when it does not meet the requirements set out by this Law, or the information transmitted with the European protection order is incomplete or has not been completed in accordance with the procedure laid down in Article 45(3) of this Law.
7. If the court or the pre-trial investigation judge receives a request from the competent authority of a Member State of the European Union executing a European protection order issued by the Republic of Lithuania to provide information on the need to continue an adopted protection measure after the expiry of its maximum term of duration, the court or the pre-trial investigation judge must reply to such a request without delay but not later than within five working days from receipt of such a request.
Article 50. Transmission of a European protection order for execution to another Member State of the European Union
1. A court or a pre-trial investigation judge shall transmit a European protection order to the competent authority of another Member State of the European Union by any means which leaves a written record under conditions allowing to establish its authenticity.
2. After taking a decision on transmission of the European protection order to another Member State of the European Union, a relevant document shall be completed using the standard form approved by the Minister of Justice of the Republic of Lithuania. The document must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union. The translation shall be ensured by the court or the pre-trial investigation judge that respectively has taken the decision on transmission of the European protection order to another Member State of the European Union. The court or the pre-trial investigation judge shall also ensure the translation of a notice concerning any breach of protection measures adopted on the basis of the European protection order into the official language or one of the official languages of another Member State of the European Union.
3. The court or the pre-trial investigation judge that respectively has transmitted the European protection order for execution to another Member State of the European Union and the competent authority of the executing State shall cooperate and may consult each other directly, except for the cases where another Member State of the European Union has designated one or several central authorities. Where the competent authority of another Member State of the European Union is not known, contact points of the European Judicial Network shall be consulted.
CHAPTER X
PROCEDURE AND CONDITIONS FOR RECOGNITION AND EXECUTION OF EUROPEAN INVESTIGATION ORDERS IN THE REPUBLIC OF LITHUANIA
Article 51. Authorities recognising a European Investigation Order issued in another Member State of the European Union and transmitted for execution to the Republic of Lithuania
1. In the Republic of Lithuania, a European Investigation Order issued by the competent authority of another Member State of the European Union and transmitted for execution to the Republic of Lithuania shall be recognised:
1) by a ruling of a district court (hereinafter in this Chapter: the ‘court’), where the European Investigation Order was issued during the hearing of a case in court;
2) by an endorsement affixed by a prosecutor of a regional prosecutor’s office or the Prosecutor General’s Office of the Republic of Lithuania, where the European investigation order was issued in the course of a pre-trial investigation;
3) by an endorsement affixed by a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania, where a person on remand or a person serving a custodial sentence must be temporarily transferred from/to the Republic of Lithuania;
2. The court and the prosecutor shall receive the European Investigation Order directly from the competent authority of another Member State of the European Union or via the Ministry of Justice or the Prosecutor General’s Office of the Republic of Lithuania, while the European delegated prosecutor shall receive the European Investigation Order directly where a pre-trial investigation which falls within the competence of the European Public Prosecutor’s Office is being conducted. All further communication between the court or the prosecutor of the Republic of Lithuania and the competent authority of another Member State of the European Union shall be made directly.
3. The court or the prosecutor may also receive the European Investigation Order from the competent authority of the Member State of the European Union via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.
4. Having received the European Investigation Order, the authorities referred to in paragraphs 1 and 2 of this Article shall, not later than within five working days, notify thereof the competent authority of another Member State of the European Union using the standard form approved by the Minister of Justice of the Republic of Lithuania for acknowledging receipt of a European Investigation Order. If the European Investigation Order has been received by an authority that has no competence to decide on its recognition, it shall transmit the European Investigation Order to the competent authority referred to in paragraph 1 of this Article and so inform the competent authority of another European Union Member State in accordance with the procedure laid down in this paragraph.
Article 52. Recognition of a European Investigation Order in the Republic of Lithuania
1. A decision to recognise or to refuse to recognise a European Investigation Order either in whole or in part must be taken as soon as possible, but not later than within 30 days from receipt of the European Investigation Order by the competent authority referred to in Article 51(1) of this Law, or within a shorter time limit specified in the European Investigation Order due to procedural deadlines, the seriousness of a criminal act or other particularly urgent circumstances or, where practicable, within 24 hours from receipt of the European Investigation Order issued for temporary protection of objects, documents or other property which could be recognised as being of evidential value in criminal proceedings against destruction, transformation, removal from the Republic of Lithuania, sale or other transfer.
2. In exceptional cases, the court or the prosecutor may extend the time limit referred to in paragraph 1 of this Article for up to 30 days and must inform thereof the competent authority of another Member State of the European Union giving the reasons for the extension of the time limit and the estimated time necessary for the decision to be taken.
3. The court or the prosecutor may refuse to recognise the European investigation order issued by the competent authority of another Member State of the European Union if:
1) there are grounds for believing that the execution of the European Investigation Order would violate fundamental human rights and/or freedoms;
2) the European Investigation Order relates to an act which does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania, except where the European Investigation Order relates to a criminal act listed in Annex D to Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters and punishable, under criminal laws of the Member State that has issued the European Investigation Order, by a custodial sentence at least three years;
3) the European investigation order has been issued in proceedings referred to in Article 4(b) and (c) of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters;
4) recognition and execution of the European Investigation Order would be contrary to the principle of ne bis in idem;
5) the European Investigation Order is incomplete and has not been completed or corrected within a time limit set by the court or the prosecutor or has not been translated into the Lithuanian or English language;
6) the European Investigation Order has been issued in respect of persons who enjoy immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania or in respect of objects, documents or other property subject to immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania, or where the laws of the Republic of Lithuania prohibit seizure of such objects, documents or other property, or where the guarantees of confidentiality of the source of information as provided for in legal acts of the Republic of Lithuania preclude the execution of the European Investigation Order;
7) the European Investigation Order relates to an act which has been committed outside the territory of the Member State that has issued the European Investigation Order and which, under laws of the Republic of Lithuania, is regarded as having been committed within the territory of the Republic of Lithuania, and this act does not constitute a crime under the Criminal Code of the Republic of Lithuania;
8) the execution of the European Investigation Order could pose a threat to the security of covert participants in criminal intelligence and/or legitimate interests of entities of criminal intelligence;
9) the procedural actions contained in the European Investigation Order do not correspond to the procedural actions provided for in Article 97 of the Code of Criminal Procedure of the Republic of Lithuania, Chapters XII, XIV and XXI of the Code of Criminal Procedure of the Republic of Lithuania, and this Chapter of this Law or the carrying out of the procedural steps would not be authorised in a similar domestic case;
10) the European Investigation Order has been issued by an authority other than that referred to in Article 2(c) of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters or the European Investigation Order has not been validated by the competent authority as provided for in Article 2(c)(ii) of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters;
11) the European Investigation Order has been issued for the temporary transfer of a person on remand or a person serving a custodial sentence from the Republic of Lithuania and the transfer is liable to prolong the person’s remand or custodial sentence;
12) the European Investigation Order has been issued for the purpose of carrying out covert pre-trial investigation actions and it was not possible to reach an agreement with the competent authority of another Member State of the European Union on the duration of these procedural actions, the conditions of carrying out them and the legal status of pre-trial investigation officers carrying out the procedural actions.
4. Points 2 and 9 of paragraph 3 of this Article shall not apply where the European Investigation Order is issued for the purpose of:
1) obtaining information or evidence which is already in the possession of law enforcement authorities of the Republic of Lithuania and which could have been collected in the framework of criminal proceedings opened in the Republic of Lithuania or for the purposes of the European Investigation Order;
2) obtaining information which is contained in the information system available to a court or a prosecutor or held by a pre-trial investigation institution and accessible by the court or the prosecutor in the framework of criminal proceedings in the Republic of Lithuania;
3) interviewing a witness, an expert, a victim, a suspect, an accused person or any other party to the proceedings;
5. The European Investigation Order which concerns a criminal act in connection with taxes, fees, customs duties and exchange of currency may not be refused to be recognised on the ground that the law of the Republic of Lithuania does not impose the same kind of taxes or fees or does not contain a regulation of taxes, fees, customs duties or exchange of currency of the same kind as the law of another Member State of the European Union.
6. In the cases referred to in points 1, 4, 5, 6, 7, 8, 9 and 10 of paragraph 3 of this Article, before deciding on recognition of a European Investigation Order, the court or the prosecutor shall consult the competent authority of another Member State of the European Union and, where necessary, request it to supply additional explanations or other necessary information within a set time limit. If the necessary information is not received within the set time limit, the court or the prosecutor shall take a decision to refuse to recognise the European Investigation Order. Where additional information needs to be obtained, the court or the prosecutor may refer to the competent authority of another Member State of the European Union also in other cases.
7. In the case referred to in paragraph 6 of this Article, after consultation with the competent authority of another Member State of the European Union, the court or the prosecutor may, instead of refusing to recognise the European Investigation Order, decide to recognise the European Investigation Order in part or to have recourse to procedural actions other than those indicated in the European Investigation Order, the Code of Criminal Procedure of the Republic of Lithuania or this Chapter of this Law if they would achieve the same result as the requested action.
8. After consultation with the competent authority of another Member State of the European Union, the court or the prosecutor may decide to have recourse to procedural steps other than those indicated in the European Investigation Order which are less intrusive on a person’s private life if they would achieve the same result as the requested step.
9. If the court or the prosecutor deciding on recognition of a European Investigation Order has doubts as to whether the issued European Investigation Order or procedural actions indicated therein conform to the principle of proportionality with regard to the nature and degree of seriousness of a committed criminal act, the court or the prosecutor may consult the competent authority of another Member State of the European Union regarding the importance of executing the European Investigation Order. Where the competent authority of another Member State of the European Union determines, after consultation, that it is impractical to revoke the European Investigation Order, the court or the prosecutor may refuse to recognise the European Investigation Order only after establishing the circumstances referred to in paragraph 3 of this Article.
10. In the case referred to in point 6 of paragraph 3 of this Article, prior to deciding on recognition of the European Investigation Order, the court or the prosecutor shall refer to the competent authority of the Republic of Lithuania for waiving the immunity granted under the law of the Republic of Lithuania. Where power to waive the immunity granted under international law or to grant an authorisation lies with the competent authority of a foreign state or an international organisation, the competent authority of another Member State of the European Union shall refer to the relevant authority of the foreign state or international organisation.
11. The time limit referred to in paragraph 1 of this Article shall be suspended if the court or the prosecutor requests the competent authority of another Member State of the European Union to supply, within a set time limit, additional explanations or other necessary information or, in the case referred to in point 6 of paragraph 3 of this Article, to waive the immunity or, where necessary, to translate the European Investigation Order or other attached documents into the Lithuanian language. The time limit referred to in paragraph 1 of this Article shall be resumed from the receipt of additional explanations, other necessary information, translation of the European Investigation Order or other documents or from the date when, in accordance with the procedure laid down in paragraph 10 of this Article, the person, objects, documents or other property have lost immunity or an authorisation of the competent authority has been obtained.
12. The court which has issued a ruling to refuse to recognise a European Investigation Order in whole or in part or the prosecutor who has taken a decision to refuse to recognise a European Investigation Order in whole or in part shall, not later than within five working days from the taking of this decision, inform the competent authority of another Member State of the European Union by any means capable of producing a written record of the refusal to recognise the European Investigation Order in whole or in part, together with the reasons for the refusal.
Article 53. Execution of a European Investigation Order in the Republic of Lithuania
1. Having taken a decision to recognise a European Investigation Order, the court or the prosecutor shall execute it by carrying out or instructing to carry out the actions provided for in Article 97 of the Code of Criminal Procedure of the Republic of Lithuania, Chapters XII, XIV and XXI of the Code of Criminal Procedure of the Republic of Lithuania and this Chapter of this Law.
2. Officials of a court, a prosecutor’s office and a pre-trial investigation institution of another Member State of the European Union may be authorised to participate in the procedural actions indicated in the European Investigation Order in the territory of the Republic of Lithuania, provided that their participation does not harm the security interests of the Republic of Lithuania and is not contrary to the fundamental principles of criminal procedure in the Republic of Lithuania. A decision on authorisation of the officials of the court, the prosecutor’s office and the pre-trial investigation institution of another Member State of the European Union to participate in procedural actions in the Republic of Lithuania shall be taken by an authority that has recognised the European Investigation Order. The officials of the court, the prosecutor’s office and the pre-trial investigation institution of another Member State of the European Union who have participated in carrying out procedural actions in the Republic of Lithuania shall be regarded as officials of the Republic of Lithuania with respect to the criminal acts committed against them or by them.
3. When executing the European Investigation Order, the procedural rules other than those laid down in the Code of Criminal Procedure of the Republic of Lithuania or this Chapter of this Law may also be complied with at the request of the competent authority of another Member State of the European Union, provided that such compliance does not infringe the Constitution and laws of the Republic of Lithuania and is not contrary to the fundamental principles of criminal procedure in the Republic of Lithuania. If it is not possible to comply with the procedural rules other than those laid down in the Code of Criminal Procedure of the Republic of Lithuania or this Chapter, the competent authority of another Member State of the European Union shall be informed thereof.
4. The execution of a European Investigation Order shall be controlled by an authority that has recognised it. Where necessary, the authority that has recognised the European Investigation Order shall consult the competent authority of another Member State of the European Union on all issues related to its execution.
5. The European Investigation Order must be executed as soon as possible but not later than within 90 days from the taking of a decision to recognise the European Investigation Order or within a shorter time limit where there are the circumstances referred to in Article 52(1) of this Law or where an authority that has recognised the European Investigation Order or another authority referred to in paragraph 1 of this Article is already in the possession of the information, objects, documents or other property indicated in the European Investigation Order.
6. An authority that has recognised a European Investigation Order may decide to postpone its execution or to temporarily transfer the objects, documents or other property in respect whereof the European Investigation Order has been issued if:
1) the execution of the European Investigation Order would prejudice an ongoing criminal intelligence investigation or criminal proceedings;
2) the European Investigation Order has been issued in respect of the objects, documents or other property the right of ownership whereto has already been temporarily restricted or they have been seized in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania.
7. The court or the prosecutor who has decided to postpone the execution of the European Investigation Order, including in the presence of other circumstances that preclude the execution of the European Investigation Order within the time limit referred to in paragraph 5 of this Article, shall, not later than within five working days from transpiration of such circumstances or postponement of the execution of the European Investigation Order, inform the competent authority of another Member State of the European Union by any means capable of producing a written record about the postponement of or the delay in the execution of the European Investigation Order, the reasons for the postponement or the delay, and the expected duration of the postponement or the delay. As soon as the ground for postponement of the execution of the European Investigation Order has ceased to exist, the court or the prosecutor shall take measures for the execution of the European Investigation Order and inform the competent authority of another Member State of the European Union thereof by any means capable of producing a written record.
8. The court or the prosecutor shall transfer the evidence collected or the objects, documents or other property seized in the course of execution of the European Investigation Order to the competent authority of another Member State of the European Union without delay or immediately after the competent authority of another Member State of the European Union refers for their transfer, where the European Investigation Order indicates that the objects, documents or other property must be kept in the Republic of Lithuania, and indicate whether it requires the transferred evidence, objects, documents or other property to be returned to the Republic of Lithuania as soon as they are no longer required by the competent authority of another Member State of the European Union. The evidence collected or the objects, documents or other property seized in the course of execution of the European Investigation Order may be transferred to officials of a court, a prosecutor’s office and a pre-trial investigation institution of another Member State of the European Union who, pursuant to paragraph 2 of this Article, participated in carrying out the procedural actions indicated in the European Investigation Order in the territory of the Republic of Lithuania.
9. If the European Investigation Order has been issued for temporary protection of objects, documents or other property which could be recognised as being of evidential value in criminal proceedings against destruction, transformation, removal from the Republic of Lithuania, sale or other transfer, the seizure of the objects, documents or other property for the purpose of executing the European Investigation Order shall be applied until a decision is taken on confiscating them or transferring them to the competent authority of another Member State of the European Union in the case referred to paragraph 8 of this Article or until a decision is taken to terminate the execution of the European Investigation Order in accordance with the procedure laid down in Article 54 of this Law.
10. The grounds for issuing the European Investigation Order may be challenged only to authorities of another Member State of the European Union.
11. Only the competent authority of another Member State of the European Union shall have the right to take decisions related to modification, supplementation, revocation or withdrawal of a European Investigation Order. A European Investigation Order as modified or supplemented by the competent authority of another Member State of the European Union shall be recognised in accordance with the procedure laid down in Articles 51 and 52 of this Law.
12. The costs related to execution of a European Investigation Order in the Republic of Lithuania shall be covered from the state budget of the Republic of Lithuania, except for the costs incurred in the territory of another Member State of the European Union, including the costs arising from the temporary transfer of a person to/from the Republic of Lithuania, the costs related to participation of officials of another Member State of the European Union in procedural actions in the territory of the Republic of Lithuania, and the costs arising from the transcription, decoding or decrypting of data collected from communications which are borne by another Member State of the European Union. Where the costs of the execution of the European Investigation Order are deemed to be exceptionally high, an authority that has recognised the European Investigation Order may consult the competent authority of another Member State of the European Union on the covering of these costs or a part thereof. Where the competent authority of another Member State of the European Union, after consultation, decides that it will not bear the costs and will not revoke the European Investigation Order, the authority that has recognised the European Investigation Order may decide to refuse to execute the European Investigation Order in whole or in part.
13. The data contained in a European Investigation Order shall not be made public except to the extent necessary to ensure the execution of the European Investigation Order. Where an authority that has recognised the European Investigation Order is unable to ensure the confidentiality of the data contained in the European Investigation Order, it shall immediately inform the competent authority of another Member State of the European Union thereof. The authority that has recognised the European Investigation Order shall, in certain cases, warn parties to the proceedings or other persons who have witnessed the actions taken for the execution of the European Investigation Order that disclosure of the data contained in the European Investigation Order is prohibited without its authorisation.
14. Procedural actions carried out in the course of execution of the European Investigation Order may be appealed against in the cases and in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania. The court or the prosecutor shall inform the competent authority of another Member State of the European Union about the filing of an appeal, the expected duration of examination of the appeal, and the outcome of examination of the appeal. The filing of the appeal referred to in this paragraph shall, pending the taking of a decision thereon, shall have suspensory effect on the transfer of objects, documents or other property being subject of the European Investigation Order to the competent authority of another Member State of the European Union, unless sufficient reasons are indicated in the European Investigation Order that an immediate transfer of the objects, documents or property is essential for the success of criminal proceedings or for the preservation of human rights and freedoms, unless the transfer would cause serious damage to a person. Having taken a decision to suspend the transfer of objects, documents or other property pending the resolution of the appeal, the court or the prosecutor shall inform the competent authority of another Member State of the European Union of this decision.
Article 54. Termination of the execution of a European Investigation Order
1. The execution of a European Investigation Order may be terminated by a court ruling or a prosecutor’s decision if:
1) there is clear indication that the person in respect of whom procedural actions are requested to be carried out does not reside or stay in the territory of the Republic of Lithuania or has definitively left that territory;
2) the objects, documents or other property indicated in the European Investigation Order have disappeared, been destroyed or cannot be found in a specified location;
3) the competent authority of another Member State of the European Union withdraws the European Investigation Order or revokes the execution thereof, or a decision has been taken in another Member State of the European Union to replace the procedural actions indicated in the European Investigation Order with other procedural actions and the modified European Investigation Order is received;
4) the maximum time limits for the application of procedural coercive measures laid down in the Code of Criminal Procedure of the Republic of Lithuania have expired;
5) the European Investigation Order has been issued for the temporary transfer of a person on remand or a person serving a custodial sentence from/to the Republic of Lithuania and this person objects to his/her transfer; where the person on remand or the person serving a custodial sentence cannot properly exercise the rights conferred by law because of his/her age, disability, illness or for other overriding reasons, the person’s legal representative shall be given an opportunity to state his/her opinion on the transfer;
6) the execution of the European Investigation Order could pose a threat to the security of covert participants in criminal intelligence and/or legitimate interests of entities of criminal intelligence;
2. The court that has issued a ruling to terminate the execution of the European Investigation Order or a prosecutor who has taken a decision to terminate the execution of the European Investigation Order shall, not later than within five working days from the taking of this decision, inform the competent authority of another Member State of the European Union about the termination of the execution of the European Investigation Order, together with the reasons for the termination, by any means capable of producing a written record. In the cases referred to in point 4 of paragraph 1 of this Article, the competent authority of another Member State of the European Union shall be informed in advance before taking a decision to terminate the execution of the European Investigation Order.
Article 55. Temporary transfer of a person on remand or a person serving a custodial sentence from/to the Republic of Lithuania
1. A person placed on remand by a decision of a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania or serving a custodial sentence may be temporarily transferred from the Republic of Lithuania to another Member State of the European Union or from another Member State of the European Union to the Republic of Lithuania for the purpose of carrying out procedural actions required for criminal proceedings conducted in another Member State of the European Union.
2. Having taken the decision referred to in paragraph 1 of this Article, the prosecutor of the Prosecutor General’s Office of the Republic of Lithuania shall, not later than within five working days from the taking of the decision, refer to the Lithuanian Criminal Police Bureau and, where the transfer is to be effected from the Republic of Lithuania, also to the administration of a pre-trial detention (remand) facility where the person on remand is held or the administration of the place of custody of the convicted person with a request to organise the transfer of the person, and also inform the competent authority of another Member State of the European Union thereof by any means which leaves a written record. Where the temporary transfer of the person is to be effected from the Republic of Lithuania to another Member State of the European Union, the time limit within which the person must be returned to the Republic of Lithuania shall also be indicated.
3. A person temporarily transferred to the Republic of Lithuania from another Member State of the European Union may not be detained, prosecuted or convicted in the Republic of Lithuania for a criminal act committed prior to his/her transfer to the Republic of Lithuania, except for the cases where the person having had an opportunity to leave the Republic of Lithuania has not done so within 15 days or has returned to the territory of the Republic of Lithuania after leaving it.
4. If, in accordance with the procedure laid down in this Article, a person has been transferred from the Republic of Lithuania to another Member State of the European Union, the period of remand applied in another Member State of the European Union shall be included in the term of remand and sentence in the Republic of Lithuania.
Article 56. Transit
1. The persons on remand or serving a custodial sentence may be carried in transit through the territory of the Republic of Lithuania to another Member State of the European Union for the purpose of carrying out procedural actions only with the consent of the Prosecutor General’s Office of the Republic of Lithuania.
2. A decision on permitting the transit of a person on remand or a person serving a custodial sentence through the territory of the Republic of Lithuania for the purpose of carrying out procedural actions shall be taken in accordance with the procedure laid down in Article 13 of this Law by the Prosecutor General’s Office of the Republic of Lithuania upon receipt of a request of the competent authority of another Member State of the European Union and a copy of a European Investigation Order as well as their translations into the Lithuanian or English language.
Article 57. Interview by audiovisual transmission
1. If a European Investigation Order has been issued for the purpose of interviewing a person by audiovisual transmission, an authority that has recognised the European Investigation Order or another authority referred to in Article 53(1) of this Law shall agree with the competent authority of another European Union Member State on practical arrangements regarding interviewing. When agreeing on the arrangements regarding interviewing, the authority that has recognised the European Investigation Order or another authority referred to in Article 53(1) of this Law shall undertake:
1) to call in the person to be interviewed for an interview in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania;
2. The interview shall be conducted by or under the direction of the competent authority of another Member State of the European Union and in compliance with the rules laid down in its legal acts, provided that such compliance does not infringe the Constitution and laws of the Republic of Lithuania and is not contrary to the fundamental principles of criminal procedure in the Republic of Lithuania. If the authority that has recognised the European Investigation Order or another authority referred to in Article 53(1) of this Law considers that the Constitution and laws of the Republic of Lithuania or the fundamental principles of criminal procedure in the Republic of Lithuania were infringed during an interview, it shall immediately take the necessary measures to ensure that the interview is further conducted in compliance with the Constitution and laws of the Republic of Lithuania or the fundamental principles of criminal procedure in the Republic of Lithuania.
3. Prior to the interview, the authority that has recognised the European investigation order or another authority referred to in Article 53(1) of this Law shall inform the person concerned as to the rights and duties of a person to be interviewed as laid down in the Code of Criminal Procedure of the Republic of Lithuania, while the competent authority of another Member State of the European Union shall inform the person as to the rights and duties of a person to be interviewed as laid down in its legal acts.
4. The authority that has recognised the European Investigation Order or another authority referred to in Article 53(1) of this Law shall ensure that, at the request of a representative of this authority or the person to be interviewed, an interpreter is present at the interview and agree with the competent authority of another Member State of the European Union on the application of protection measures to the person to be interviewed.
5. Having completed the interview, the authority that has recognised the European Investigation Order or another authority referred to in Article 53(1) of this Law shall draw up a certificate indicating the place and date of the interview, the information about the identity of the interviewed person, the identity and duties of and the oaths given by representatives of all other authorities of the Republic of Lithuania who participated in the interview, and the technical conditions under which the interview was conducted.
Article 58. Interception of telecommunications without technical assistance of the Republic of Lithuania
Having received a notification from the competent authority of another Member State of the European Union about the interception of telecommunications from the subject of the interception located on the territory of the Republic of Lithuania, where no technical assistance is needed from the Republic of Lithuania, and having established the circumstances referred to in point 2 or 9 of Article 52(3) of this Law, the Police Department under the Ministry of the Interior may, not later than within 96 hours from the receipt of this notification, notify the competent authority of another Member State of the European Union that the interception may not be carried out or that the interception must be terminated, where necessary, indicate that any material already intercepted may not be used or may only be used in accordance with the specified conditions, and concurrently inform of reasons justifying this decision.
CHAPTER XI
PROCEDURE AND CONDITIONS FOR TRANSMISSION, TO OTHER MEMBER STATES OF THE EUROPEAN UNION FOR EXECUTION, OF EUROPEAN INVESTIGATION ORDERS ISSUED IN THE REPUBLIC OF LITHUANIA
Article 59. Issuing of a European Investigation Order
1. A European Investigation Order may be issued where it is necessary to obtain evidence in the possession of the competent authority of another Member State of the European Union or where there are grounds for believing that evidence is or may be in the possession of another Member State of the European Union and it is necessary to carry out the actions provided for in Article 97 of the Code of Criminal Procedure of the Republic of Lithuania, Chapters XII, XIV and XXI of the Code of Criminal Procedure of the Republic of Lithuania and this Chapter of this Law.
2. The European Investigation Order shall be issued by:
1) a court hearing a case (hereinafter in this Chapter: the ‘court’) during the hearing of the case in court;
2) a regional prosecutor’s office during a pre-trial investigation, where the European Investigation Order is issued during a pre-trial investigation conducted by the regional prosecutor’s office or at the request of a pre-trial investigation body whose pre-trial investigation is supervised by the regional prosecutor’s office;
3) the Prosecutor General’s Office of the Republic of Lithuania, where the European investigation order is issued during a pre-trial investigation conducted by the Prosecutor General’s Office of the Republic of Lithuania or at the request of a pre-trial investigation body whose pre-trial investigation is supervised by the Prosecutor General’s Office of the Republic of Lithuania or at the request of a prosecutor in charge of a pre-trial investigation or the court when a person on remand or a person serving a custodial sentence must be temporarily transferred from/to the Republic of Lithuania;
3. A reasoned request for issuing of a European Investigation Order shall be submitted to the Prosecutor General’s Office and a regional prosecutor’s office of the Republic of Lithuania and shall be accompanied by:
2) a transcript of a decision of a pre-trial investigation officer or a prosecutor in charge of the pre-trial investigation or a transcript of a ruling by a pre-trial investigation judge or the court, where a procedural coercive measure or any other procedural action may be carried out only after adopting a decision or issuing a ruling.
4. If information for issuing a European Investigation Order is missing, the prosecutor’s office shall, upon the receipt of the request for issuing a European Investigation Order as referred to in point 2 or 3 of paragraph 2 of this Article, request the requesting authority to supply the missing information and, where necessary, supplement the draft European Investigation Order within a set time limit. If the missing information is not received within the set time limit, the request for issuing a European Investigation Order shall be returned to the requesting authority.
5. When deciding on the issuing of a European Investigation Order, the court or a prosecutor shall assess whether the issuing of the European Investigation Order conforms to the principle of proportionality with regard to the nature and degree of seriousness of a committed criminal act.
6. A European Investigation Order shall be issued by completing the standard form of a European Investigation Order, as approved by the Minister of Justice of the Republic of Lithuania. The European Investigation Order which is issued upon the receipt of the request referred to in point 2 or 3 of paragraph 2 of this Article must be issued not later than ten working days from the receipt of the complete information necessary for the issuing of a European Investigation Order. The European Investigation Order must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union. The period of translation of the European Investigation Order shall not be included in the time limit referred to in this paragraph.
7. A judge, a prosecutor and a pre-trial investigation officer may, with the consent of the competent authority of another Member State of the European Union, participate in carrying out procedural actions indicated in the European Investigation Order on the territory of another Member State of the European Union.
Article 60. Transmission of a European Investigation Order for execution to another Member State of the European Union
1. An authority that has issued a European Investigation Order shall transmit it directly to the competent authority of another Member State of the European Union or to a central authority of that Member State, where the latter has been designated. Where the competent authority of another Member State of the European Union is not known, contact points of the European Judicial Network may be consulted. The European Investigation Order shall be transmitted by any means capable of producing a written record under conditions allowing another Member State of the European Union to establish the authenticity of documents.
2. In urgent cases, the European Investigation Order may be sent to other Member States of the European Union via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.
3. If, in order to supplement or modify the previous European Investigation Order, a new European Investigation Order has been issued, it may be transmitted directly to the competent authority of another Member State of the European Union also by the officials who, in the cases referred to in Article 59(8) of this Law, participate in the carrying out of procedural actions in the territory of another Member State of the European Union.
4. If a European Investigation Order is issued for the interception of telecommunications in another Member State of the European Union from which technical assistance is needed and where more than one Member State of the European Union is in a position to provide the complete necessary technical assistance for the same interception of telecommunications, the European Investigation Order may be sent only to one Member State of the European Union. Priority shall always be given to the Member State of the European Union where the subject of the interception is or will be located.
Article 61. Obligations of authorities after transmitting a European Investigation Order for execution
1. The authority that has initiated the issuing of a European Investigation Order must:
1) immediately notify the authority that has issued the European Investigation Order of an appeal filed against a decision to carry out procedural actions indicated in the European Investigation Order, of the outcome of the examination of this appeal, of the replacement of an applicable procedural action by another procedural action, or of the emergence of other reasons rendering the application of procedural actions indicated in the European Investigation Order impracticable;
2) in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania, take in due time the necessary decisions on the revocation, modification of procedural actions indicated in the European Investigation Order or extension of the duration of the application thereof or refer in due time to competent authorities for the taking of these decisions and immediately inform the authority that has issued the European Investigation Order thereof and, where it is necessary to issue a supplemented or modified European Investigation Order, submit in due time a request for the issuing of a European Investigation Order in accordance with the procedure laid down in Article 59 of this Law;
3) having carried out the procedural actions for the purpose of which a person on remand or a person serving a custodial sentence has been temporarily transferred to the Republic of Lithuania, inform the authority that has issued the European Investigation Order immediately after carrying out these actions;
4) notify in due time the authority that has issued the European Investigation Order that the temporarily seized objects, documents or other property may be transferred to the Republic of Lithuania or returned to their owners if the European Investigation Order indicates that the objects, documents or other property must be kept in another Member State of the European Union pending a decision on their transfer to the Republic of Lithuania or confiscation;
5) if the competent authority of another Member State of the European Union, when transferring the evidence, objects, documents or other property, requires that it/they be returned to another Member State of the European Union as soon as it/they is/are no longer required in the criminal proceedings in the Republic of Lithuania, inform the authority that has issued the European Investigation Order thereof immediately after the evidence, objects, documents or other property is/are no longer required in the criminal proceedings for which the European Investigation Order has been issued.
2. The authority that has issued the European Investigation Order must:
1) forward any information received from the competent authority of another Member State of the European Union in the course of execution of the European Investigation Order to the authority that has initiated the issuing of the European Investigation Order;
2) cooperate with the competent authority of another Member State of the European Union and, of its own motion or at the request of the competent authority of another Member State of the European Union, provide it with any information necessary to ensure a smooth execution of the European Investigation Order, including information about an appeal filed with regard to the issuing of the European Investigation Order or to a decision to apply a procedural action indicated in the European Investigation Order and the outcome of the examination of the appeal;
3) revoke the European Investigation Order after the grounds for issuing the European Investigation Order have ceased to exit;
4) if the competent authority of another Member State of the European Union has referred with regard to the relevance of the execution of the European Investigation Order or has notified that the procedural action for which the European Investigation Order has been issued does not exist under its law or would not be available in a similar domestic case, decide immediately, after consultation with the authority that has initiated the issuing of the European Investigation Order, whether to maintain the issued European Investigation Order or to modify, supplement or withdraw it;
5) ensure that a person on remand or a person serving a custodial sentence who has been temporarily transferred to the Republic of Lithuania is returned to another Member State of the European Union immediately after carrying out the procedural actions for the purpose of which he/she has been transferred and in any case within a time limit set by the competent authority of another Member State of the European Union;
6) notify in due time the competent authority of another Member State of the European Union that the temporarily seized objects, documents or other property may be transferred to the Republic of Lithuania or returned to their owners if the European Investigation Order indicates that the objects, documents or other property must be kept in another Member State of the European Union pending a decision on their transfer to the Republic of Lithuania or confiscation;
7) if the competent authority of another Member State of the European Union, when transferring the evidence, objects, documents or other property, requires that it/they be returned to another Member State of the European Union as soon as it/they is/are no longer required in the criminal proceedings in the Republic of Lithuania, ensure that it/they is/are returned to another Member State of the European Union immediately after it/they is/are no longer required in the criminal proceedings for which the European Investigation Order has been issued;
Article 62. Consequences of transmission of a European Investigation Order for execution to another Member State of the European Union
1. The costs related to execution of a European Investigation Order in another Member State of the European Union shall be covered by that Member State of the European Union, except for the costs incurred in the territory of the Republic of Lithuania, including the costs arising from the temporary transfer of a person to/from the Republic of Lithuania, the costs related to participation of a judge, a prosecutor or a pre-trial investigation officer in procedural actions in the territory of another Member State of the European Union, and the costs arising from the transcription, decoding or decrypting of data collected from communications which are borne from the state budget of the Republic of Lithuania. If the competent authority of another Member State of the European Union notifies that the costs of the execution of the European Investigation Order may be deemed exceptionally high and requests to cover these costs, the authority that has issued the European Investigation Order may, where necessary after consultation with the competent authority of another Member State of the European Union on the sharing of the costs, decide to cover these costs or a part thereof or to revoke or modify the European Investigation Order in whole or in part. The authority that has initiated the issuing of the European Investigation Order may also decide to bear the costs.
2. Unless otherwise instructed by the competent authority of another Member State of the European Union, the evidence or other information obtained during the execution of a European Investigation Order shall be used only to the extent that is necessary for the conduct of a pre-trial investigation or criminal proceedings indicated in the European Investigation Order.
3. If an appeal against procedural actions or decisions related to the execution of a European Investigation Order is satisfied in another Member State of the European Union after the transfer of the collected evidence, objects, documents or other property to the Republic of Lithuania following the execution of the European Investigation Order, this fact shall be taken into account in the course of criminal proceedings in the Republic of Lithuania.
Article 63. Temporary transfer of a person on remand or a person serving a custodial sentence from/to the Republic of Lithuania
1. A person on remand or a person serving a custodial sentence may be temporarily transferred from the Republic of Lithuania to another Member State of the European Union or from another Member State of the European Union to the Republic of Lithuania for the purpose of carrying out the procedural actions required for criminal proceedings taking place in the Republic of Lithuania, but not for the purpose of prosecuting.
2. Having received the information from the competent authority of another Member State of the European Union that the European Investigation Order issued for the carrying out of the procedural action referred to in paragraph 1 of this Article has been recognised in another Member State of the European Union, a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania shall immediately refer to the authorities referred to in Article 55(2) of this Law for the transfer of the person concerned. Where the temporary transfer of the person must be effected from the Republic of Lithuania to another Member State of the European Union, the competent authority of another Member State of the European Union shall be given a time limit within which the person must be returned to the Republic of Lithuania.
3. A person temporarily transferred to the Republic of Lithuania from another Member State of the European Union may not be detained, prosecuted or convicted in the Republic of Lithuania for a criminal act committed prior to his/her transfer to the Republic of Lithuania and not indicated in a European Investigation Order, except for the cases where the person having had an opportunity to leave the Republic of Lithuania has not done so within 15 days or has returned to the territory of the Republic of Lithuania after leaving it.
4. If the person has been transferred from the Republic of Lithuania to another Member State of the European Union in accordance with the procedure laid down in this Article, the period of remand applied in another Member State of the European Union shall be included in the term of remand and sentence in the Republic of Lithuania.
Article 64. Notification of another Member State of the European Union where the subject of the interception is located and from which no technical assistance is needed
1. Where a pre-trial investigation judge has issued, in accordance with the procedure laid down in Article 154 of the Code of Criminal Procedure of the Republic of Lithuania, a ruling on controlling, documenting and accumulating telecommunications and, in executing the ruling, it is necessary to collect information from the subject of the interception located in the territory of another Member State of the European Union from which no technical assistance is needed, the authority referred to in Article 59(2) of this Law shall inform the competent authority of another Member State of the European Union thereof using the standard form approved by the Minister of Justice of the Republic of Lithuania:
1) prior to the interception in cases where, after issuing the ruling, it is known that the subject of the interception is or will be on the territory of the notified Member State of the European Union;
2. The notification referred to in paragraph 1 of this Article must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union.
CHAPTER XII
PROCEDURE AND CONDITIONS FOR RECOGNITION AND EXECUTION OF ORDERS FREEZING PROPERTY OR EVIDENCE IN THE REPUBLIC OF LITHUANIA
Article 65. Authorities recognising an order freezing property or evidence issued in another Member State of the European Union and transmitted for execution to the Republic of Lithuania
1. An order freezing property or evidence issued by the competent authority of another Member State of the European Union and transmitted to the Republic of Lithuania for execution shall be recognised under an endorsement by a prosecutor of the regional prosecutor’s office of the location of the property or of the Prosecutor General’s Office of the Republic of Lithuania or, in the event of a pre-trial investigation falling within the competence of the European Public Prosecutor’s Office, by a European Delegated Prosecutor. A prosecutor shall refuse to recognise an order freezing property or evidence by adopting a decision.
2. A prosecutor shall receive an order freezing property or evidence directly from the competent authority of another Member State of the European Union or via the Prosecutor General’s Office of the Republic of Lithuania or, in the event of a pre-trial investigation falling within the competence of the European Public Prosecutor’s Office, a European Delegated Prosecutor shall receive an order freezing property or evidence directly. All further communication between the prosecutor and the competent authority of another Member State of the European Union shall be made directly. The prosecutor may also receive the order freezing property or evidence from the competent authority of another Member State of the European Union via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.
3. Where an order freezing property or evidence has been received by an authority that has no competence to decide on its recognition, this authority shall forward the order freezing property or evidence to the competent authority referred to in paragraph 1 of this Article as soon as possible or, where practicable, within 24 hours from the receipt thereof and shall inform the competent authority of another Member State of the European Union thereof.
Article 66. Recognition of an order freezing property or evidence in the Republic of Lithuania
1. A prosecutor shall take a decision to recognise or to refuse to recognise an order freezing property or evidence in whole or in part as soon as possible and, where practicable, not later than within 24 hours from the receipt of the order freezing property or evidence and shall immediately inform the competent authority of another Member State of the European Union thereof by any means capable of producing a written record. Where it has been decided to refuse to recognise the order freezing property or evidence, the reasons for the refusal shall also be indicated.
2. A prosecutor may refuse to recognise an order freezing property or evidence issued by the competent authority of another Member State of the European Union if:
1) the execution of the order freezing property or evidence would violate fundamental human rights and/or freedoms;
2) recognition and execution of the order freezing property or evidence would be contrary to the principle of ne bis in idem;
3) the order freezing property or evidence has been issued in respect of objects, documents or other property subject to immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania, or where the laws of the Republic of Lithuania prohibit seizure of such objects, documents or other property;
4) the order freezing property or evidence relates to an act which does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania, except where the order freezing property or evidence has been issued in respect of a criminal act referred to in Article 3(2) of Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence and this criminal act is punishable under criminal laws of the Member State of the European Union that has issued the order freezing property or evidence by a custodial sentence of at least three years;
5) the certificate referred to in Article 9 of Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence has not been produced or is incomplete or manifestly does not correspond to the order freezing property or evidence on the basis whereof the certificate had to be issued and the certificate has not been produced, completed or corrected within a time limit set by a prosecutor, or the certificate has not been translated into the Lithuanian language.
3. An order freezing property or evidence which concerns a criminal act in connection with taxes, fees, customs duties and exchange of currency may not be refused to be recognised on the ground that the law of the Republic of Lithuania does not impose the same kind of taxes or fees or does not contain a regulation of taxes, fees, customs duties or exchange of currency of the same kind as the law of another Member State of the European Union.
4. In the case referred to in point 5 of paragraph 2 of this Article, the prosecutor shall consult the competent authority of another Member State of the European Union and, where necessary, request it to supply additional documents, clarifications or other necessary information within a set time limit, complete or correct the certificate referred to in point 5 of paragraph 2 of this Article. In addition, the prosecutor may also accept an equivalent document in lieu of the certificate referred to in point 5 of paragraph 2 of this Article or exempt the competent authority of another Member State of the European Union from this requirement where the information supplied is sufficient.
Article 67. Execution of an order freezing property or evidence in the Republic of Lithuania
1. Having taken a decision to recognise an order freezing property or evidence, a prosecutor shall execute it as soon as possible by temporarily restricting the right of ownership to the property indicated in the order freezing property or evidence, conducting a search or seizure, or carrying out other actions provided for in the Code of Criminal Procedure of the Republic of Lithuania and this Chapter of this Law. The task of the execution of the order freezing property or evidence may be assigned to another prosecutor or a pre-trial investigation body.
2. An order freezing property or evidence may, at the request of the competent authority of another Member State of the European Union, be executed also in compliance with the procedural rules other than those laid down in the Code of Criminal Procedure of the Republic of Lithuania or this Chapter of this Law, provided that such compliance does not infringe the Constitution and laws of the Republic of Lithuania and is not contrary to the fundamental principles of criminal procedure in the Republic of Lithuania. If it is not possible to comply with the procedural rules other than those laid down in the Code of Criminal Procedure of the Republic of Lithuania or this Chapter of the Law, the competent authority of another Member State of the European Union shall be informed thereof.
3. The execution of an order freezing property or evidence shall be controlled by a prosecutor who has recognised it. Where necessary, the prosecutor shall consult the competent authority of another Member State of the European Union on all issues related to the execution of the order freezing property or evidence.
4. The prosecutor may decide to postpone the execution of the order freezing property or evidence if:
1) the execution of the order freezing property or evidence would prejudice an ongoing criminal intelligence investigation or criminal proceedings;
2) the order freezing property or evidence has been issued in respect of the objects, documents or other property the right of ownership whereto has already been temporarily restricted or they have been seized in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania.
5. As soon as the grounds for postponement of the execution of the order freezing property or evidence have ceased to exist, the prosecutor shall take measures for the execution of the order freezing property or evidence and inform the competent authority of another Member State of the European Union thereof by any means capable of producing a written record.
6. Seizure of the objects, documents or other property seized for the purpose of executing an order freezing property or evidence shall be applied pending, in the cases referred to in paragraphs 7 and 8 of this Article, a decision on transferring them to the competent authority of another Member State of the European Union or on confiscating them, or pending a decision to terminate the execution of the order freezing property or evidence in accordance with the procedure laid down in Article 68 of this Law.
7. Requests, accompanying the order freezing property or evidence or subsequently received by the competent authority of another Member State of the European Union, to transfer or confiscate the objects, documents or other property indicated in the order freezing property or evidence shall be processed in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania and international treaties to which the Republic of Lithuania is a party.
8. A request, accompanying the order freezing property or evidence or subsequently received by the competent authority of another Member State of the European Union, to transfer the objects, documents or other property indicated in the order freezing property or evidence may not be refused on the ground that the request concerns an act which does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania, where this act is referred to in Article 3(2) of Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, and this criminal act is punishable under criminal laws of another Member State of the European Union by a custodial sentence of at least three years.
9. The prosecutor shall immediately inform the competent authority of another Member State of the European Union by any means capable of producing a written record about the measures taken for the execution of the order freezing property or evidence, also about a decision to postpone the execution of the order freezing property or evidence, including the expected duration of and the grounds for the postponement, and about alternative procedural coercive measures that may be applied to the property indicated in the order freezing property or evidence.
10. The data contained in an order freezing property or evidence shall not be made public, except to the extent necessary to ensure its execution. Where a prosecutor is unable to ensure the confidentiality of the data contained in the order freezing property or evidence, he/she shall immediately inform the competent authority of another Member State of the European Union thereof. Where appropriate, the prosecutor shall warn parties to the proceedings or other persons who have witnessed the actions taken for the execution of the order freezing property or evidence that disclosure of the data contained in the order freezing property or evidence is prohibited without his/her authorisation.
11. The costs related to execution of an order freezing property or evidence in the Republic of Lithuania shall be covered from the state budget of the Republic of Lithuania, except for the costs incurred in the territory of another Member State of the European Union, unless the competent authority of another Member State of the European Union and the prosecutor who has recognised the order freezing property or evidence agree otherwise.
12. The grounds for issuing an order freezing property or evidence may be challenged only to authorities of another Member State of the European Union.
13. Only the competent authority of another Member State of the European Union shall have the right to take decisions related to modification, supplementation, withdrawal or revocation of an order freezing property or evidence. An order freezing property or evidence as modified or supplemented by the competent authority of another Member State of the European Union shall be recognised in accordance with the procedure laid down in Articles 65 and 66 of this Law.
14. Procedural measures taken in the course of execution of an order freezing property or evidence may be appealed against in the cases and in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania. A prosecutor shall inform the competent authority of another Member State of the European Union about filing of an appeal, the reasons for filing the appeal, and the outcome of examination of the appeal.
Article 68. Termination of the execution of an order freezing property or evidence
1. The execution of an order freezing property or evidence may be terminated by a prosecutor’s decision if:
1) the objects, documents or other property indicated in the order freezing property or evidence have disappeared, been destroyed or cannot be found in a specified location;
2) the competent authority of another Member State of the European Union withdraws the order freezing property or evidence or revokes the execution thereof;
3) the maximum term for the application of procedural coercive measures laid down in the Code of Criminal Procedure of the Republic of Lithuania has expired;
2. Having adopted a decision to terminate the execution of an order freezing property or evidence, a prosecutor shall immediately inform the competent authority of another Member State of the European Union about the termination of the execution of the order freezing property or evidence, together with the reasons for the termination, by any means capable of producing a written record. In the cases referred to in point 3 of paragraph 1 of this Article, the competent authority of another Member State of the European Union shall be informed in advance before taking a decision to terminate the execution of an order freezing property or evidence.
CHAPTER XIII
PROCEDURE AND CONDITIONS FOR TRANSMISSION, TO OTHER MEMBER STATES OF THE EUROPEAN UNION FOR EXECUTION, OF ORDERS FREEZING PROPERTY OR EVIDENCE ISSUED IN THE REPUBLIC OF LITHUANIA
Article 69. Issuing of a certificate of an order freezing property or evidence
1. A certificate of an order freezing property or evidence may be issued:
1) in order to ensure possible confiscation of property, where it transpires in the course of a pre-trial investigation or hearing of a criminal case in court that the property obtained or acquired by criminal means and owned by a suspect, an accused person or a natural person(s) or a legal person that, under the law, is/are materially liable for actions of the suspect or the accused person or the property subject to confiscation having the characteristics indicated in Article 723 of the Criminal Code of the Republic of Lithuania is or may be located in another Member State of the European Union and there is a prosecutor’s decision or a court ruling imposing or extending temporary restriction of the right of ownership;
2) where sufficient evidence has been obtained that instrumentalities of a criminal act, the objects and valuables obtained or acquired by criminal means, and the objects or documents that may be relevant to the investigation of the criminal act are or may be located in Ireland or the Kingdom of Denmark, or are held by any person located in Ireland or the Kingdom of Denmark and a ruling to conduct a search has been issued by a pre-trial investigation judge, or where the objects or documents relevant to the investigation of the criminal act need to be seized and it is precisely known that they are located in Ireland or the Kingdom of Denmark and a ruling to conduct a seizure has been issued by a pre-trial investigation judge.
2. A certificate of an order freezing property or evidence shall be issued by the Prosecutor General’s Office of the Republic of Lithuania or a regional prosecutor’s office where the certificate of an order freezing property or evidence is issued in the course of a pre-trial investigation conducted by the Prosecutor General’s Office or the regional prosecutor’s office of the Republic of Lithuania or at the request of a court hearing a case or a pre-trial investigation body conducting a pre-trial investigation supervised by the Prosecutor General’s Office or the regional prosecutor’s office of the Republic of Lithuania; a certificate of an order freezing property or evidence shall also be issued by a European Delegated Prosecutor where the European Public Prosecutor’s Office has been designated as the competent authority for conducting a pre-trial investigation.
3. A reasoned request for issuing of a certificate of an order freezing property or evidence shall be submitted to the Prosecutor General’s Office and a regional prosecutor’s office of the Republic of Lithuania and shall be accompanied by:
4. If information for issuing a certificate of an order freezing property or evidence is missing, the prosecutor’s office shall, upon the receipt of the request for issuing a certificate of an order freezing property or evidence, request the requesting authority to supply the missing information and, where necessary, supplement the draft certificate of an order freezing property or evidence within a set time limit. If the missing information is not received within the set time limit, the request for issuing a certificate of an order freezing property or evidence shall be returned to the requesting authority.
5. A certificate of an order freezing property or evidence shall be issued by completing the standard form of a certificate of an order freezing property or evidence, as approved by the Minister of Justice of the Republic of Lithuania. A certificate of an order freezing property or evidence which is issued upon the receipt of the request referred to in paragraph 2 of this Article must be issued not later than within five working days from the receipt of the complete information necessary for the issuing of a certificate. The certificate of an order freezing property or evidence must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union. The period of translation of the certificate of an order freezing property or evidence shall not be included in the time limit referred to in this paragraph.
Article 70. Transmission of a certificate of an order freezing property or evidence for execution to another Member State of the European Union
1. A certificate of an order freezing property or evidence, its translation and a prosecutor’s decision or a court ruling imposing or extending temporary restriction of the right of ownership or a ruling of a pre-trial investigation judge to conduct a search or a seizure shall be transmitted directly by an authority that has issued the certificate of an order freezing property or evidence to the competent authority of another Member State of the European Union or a central authority of that Member State, where the latter has been designated. Where the competent authority of another Member State of the European Union is not known, contact points of the European Judicial Network may be consulted. The certificate of an order freezing property or evidence shall be transmitted by any means capable of producing a written record under conditions allowing another Member State of the European Union to establish the authenticity of documents.
2. In urgent cases, the certificate of an order freezing property or evidence may be sent to another Member State of the European Union via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.
3. The authority that has issued the certificate of an order freezing property or evidence shall communicate directly with the competent authority or a central authority of another Member State of the European Union on all issues related to the execution of the certificate of an order freezing property or evidence.
4. The costs related to execution of a certificate of an order freezing property or evidence in another Member State of the European Union shall be covered by that Member State of the European Union, except for the costs incurred in the territory of the Republic of Lithuania, unless the competent authority of another Member State of the European Union and an authority that has issued the certificate of an order freezing property or evidence agree otherwise.
Article 71. Obligations of authorities upon transmission of a certificate of an order freezing property or evidence
1. An authority that has initiated the issuing of a certificate of an order freezing property or evidence must:
1) immediately notify an authority that has issued the certificate of an order freezing property or evidence of the lifting of temporary restriction of the right of ownership or of the refusal to extend temporary restriction of the right of ownership by a court ruling or a ruling of a pre-trial investigation judge, or of the annulment of a ruling of a pre-trial investigation judge to conduct a search or seizure, or of the emergence of other reasons rendering the execution of the certificate of an order freezing property or evidence impracticable;
2) when intending to request the extension of the temporary restriction of the right of ownership, inform thereof, fifteen days prior to the expiry of the term, the authority that has issued a certificate of an order freezing property (or evidence) and, after receiving a court ruling or a ruling of a pre-trial investigation judge on extending the temporary restriction of the right of ownership, forthwith submit a copy of the ruling to an authority that has issued a certificate of an order freezing property (or evidence);
2. An authority that has issued a certificate of an order freezing property (or evidence) must:
1) when executing the certificate of an order freezing property or evidence, forward any information received from the competent authority of another Member State of the European Union to the authority that has initiated the issuing of the certificate of an order freezing property or evidence;
2) cooperate with the competent authority of another Member State of the European Union and provide, of its own motion or at the request of the competent authority of another Member State of the European Union, this competent authority with any information necessary to ensure a smooth execution course of the execution of the certificate of an order freezing property or evidence;
3) having received a transcript of a ruling of a pre-trial investigation judge to extend temporary restriction of the right of ownership, submit immediately a request regarding the extension of temporary restriction of the right of ownership to the competent authority of another Member State of the European Union;
CHAPTER XIV
PROCEDURE AND CONDITIONS FOR RECOGNITION AND EXECUTION PURSUANT TO FRAMEWORK DECISION 2006/783/JHA, IN THE REPUBLIC OF LITHUANIA, OF CONFISCATION ORDERS ISSUED BY COURTS OF THE MEMBER STATES OF THE EUROPEAN UNION
Article 72. Authorities recognising a confiscation order issued in another Member State of the European Union and transmitted for execution to the Republic of Lithuania
A confiscation order issued by a court of a Member State of the European Union shall be recognised by a district court of the place of residence of a natural person in respect of whose property the confiscation order has been issued or by a district court of the place of the registered seat of a legal person in respect of whose property the confiscation order has been issued. Where the natural person in respect of whose property the confiscation order has been issued does not have a place of residence in the Republic of Lithuania or the legal person in respect of whose property the confiscation order has been issued does not have a registered seat in the Republic of Lithuania, the confiscation order issued by the court of the Member State of the European Union shall be recognised by a district court of the location of the property subject to confiscation or the principal part thereof.
Article 73. Recognition of a confiscation order in the Republic of Lithuania
1. Having received a confiscation order issued by a court of a Member State of the European Union, a district court shall hold a court hearing within seven days from the receipt of the order. The court shall summon to the hearing the person in respect of whose property the confiscation order referred to in this paragraph has been issued, his/her defence counsel, a representative of a legal person, a prosecutor, and other parties concerned. Failure of these persons to appear, however, shall not have suspensory effect on the consideration of the issue. The consideration of the issue shall commence with a report of the presiding judge of the hearing. Thereafter, the court shall hear the persons who have appeared for the hearing and issue a ruling to recognise the confiscation order issued by the court of the Member State of the European Union or a ruling to refusing to recognise the confiscation order issued by the court of the Member State of the European Union. The court shall issue these rulings in the deliberation room.
2. A court shall refuse to recognise and execute a confiscation order issued by a court of a Member State of the European Union if:
2) the execution of the confiscation order would violate the prohibition of punishment of a person for the same criminal act twice;
3) the confiscation order relates to an act which does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania, except where the confiscation order has been issued in respect of criminal acts referred to in Article 6(1) of Framework Decision 2006/783/JHA;
4) the person in respect of whose property the confiscation order has been issued or property subject to confiscation enjoy immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania;
5) the execution of the confiscation order would prejudice the legitimate interests of third parties;
6) the person in respect of whose property the confiscation order has been issued did not appear in person for the hearing of the issue before the court that had issued the order, except where the certificate referred to in point 8 of this paragraph states that:
a) he/she was summoned in person in due time or by other means actually received official information of the scheduled date and place of the hearing before the court in such a manner that it was unequivocally established that he/she was aware of the scheduled hearing, and he/she was also informed that a decision may be handed down if he/she did not appear for the hearing before the court, or
b) having been informed of the scheduled hearing, he/she authorised his/her chosen defence counsel or appointed public defender to defend him/her at the hearing, and the defence counsel/public defender actually defended the person at the hearing, or
c) after being served with the decision and being expressly informed about the right to a retrial or appeal in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being quashed, the person expressly stated that he did not contest the decision or did not request a retrial or an appeal in the applicable timeframe;
7) the confiscation order has been issued in respect of an act that may be covered by the criminal law of the Republic of Lithuania, and the limitation period for the execution of a judgment of conviction as provided for in Article 96 of the Criminal Code of the Republic of Lithuania has expired;
3. If a confiscation order issued by a court of a Member State of the European Union is based on general (extended) confiscation of personal property, as provided for in the national law of the Member State that has issued an order, the court shall recognise a confiscation order only to the extent that is compatible with the provisions of Articles 72 and 723 of the Criminal Code of the Republic of Lithuania.
4. In the cases referred to in points 1, 2, 5, 6, 8 of paragraph 2 and in paragraph 3 of this Article, the court shall refer to the competent authority of a Member State of the European Union with a request to supply additional explanations or other necessary information within a time limit set by the court. In such a case, the court shall adjourn a hearing. If the information is not received within the set time limit, the court shall issue a ruling to refuse to recognise the confiscation order issued by the court of the Member State of the European Union.
5. A court must accept, from any person concerned, and examine an appeal related to recognition of a confiscation order issued by a court of a Member State of the European Union. Where necessary, the court shall adjourn a hearing. The grounds for issuing a confiscation order by a court of a Member State of the European Union may be challenged only in the Member State that has issued the confiscation order under its national law.
6. Where a confiscation order issued by a court of a Member State of the European Union concerns an amount of money and where a natural or legal person in respect of whose property the confiscation order has been issued provides data on partial or full confiscation of property in another Member State, a court shall refer to the competent authority of the Member State of the European Union by any means capable of producing a written record with a request to immediately provide all necessary information on the property confiscated in another Member State. Having received this information, the court shall reduce the amount of property subject to confiscation in another Member State by the amount of property subject to confiscation. Where necessary, the amount subject to confiscation shall be converted under a court ruling and in accordance with the euro foreign exchange reference rates published by the European Central Bank or, in the cases where the European Central Bank does not publish the euro foreign exchange reference rates, the amount to be confiscated shall be converted in accordance with the euro foreign exchange reference rates established and published by the Bank of Lithuania at the time of issuing the confiscation order.
7. A court ruling to recognise a confiscation order issued by a court of a Member State of the European Union or to refuse to recognise a confiscation order issued by a court of a Member State of the European Union may be appealed against by a person in respect of whose property the confiscation order has been issued, his/her defence counsel, a representative of a legal person, a prosecutor and other persons concerned in accordance with the procedure laid down in Article 364 of the Code of Criminal Procedure of the Republic of Lithuania. The court shall immediately notify the competent authority of the Member State of the European Union of the received appeal by any means capable of producing a written record.
Article 74. Execution of a confiscation order issued by a court of a Member State of the European Union
1. A confiscation order issued by a court of a Member State of the European Union and recognised in accordance with the procedure laid down in Article 73 of this Law shall be executed in accordance with the laws of the Republic of Lithuania, having regard to the specific features referred to in this Article.
2. A court which has issued a ruling to recognise a confiscation order issued by a court of a Member State of the European Union may, of its own motion or at the request of a prosecutor, a convicted person, or a person in respect of whose property the confiscation order has been issued, their defence counsel or a representative of a legal person, postpone the delivery for execution, or execution of, the confiscation order issued by the court of the Member State of the European Union if:
1) the confiscation order is being executed simultaneously in more than one Member State of the European Union, and the amount obtained from the execution of the confiscation order may exceed the amount specified therein;
3. In the cases referred to in paragraph 2 of this Article, for as long as the execution of a confiscation order is postponed, a court shall take all the necessary measures to ensure the subsequent confiscation of property. The competent authority of a Member State of the European Union and a bailiff of the location of the execution of the confiscation order shall be immediately notified by any means capable of producing a written record about the postponement of the execution of the confiscation order and the resumption of the execution of the confiscation order.
4. Having received a notification of revocation of the requirement to execute an issued confiscation order from the competent authority of a Member State of the European Union, a court shall immediately issue a ruling to terminate the execution of the confiscation order issued by a court of the Member State of the European Union and notify thereof a bailiff of the location of the execution of the confiscation order.
5. The execution of a confiscation order issued by a court of a Member State of the European Union or the total or partial non-execution of a confiscation order issued by a court of a Member State of the European Union shall be immediately reported by any means capable of producing a written record to the competent authority of a Member State of the European Union and to a bailiff of the location of the execution of the confiscation order.
Article 75. Transfer of monetary funds following the execution of a confiscation order of another Member State of the European Union
The monetary funds obtained as a result of the execution, in the Republic of Lithuania, of a confiscation order issued by a court of another Member State of the European Union and recognised in accordance with the procedure laid down in Article 3655 of the Code of Criminal Procedure of the Republic of Lithuania (with exception of execution and other related costs) shall be disposed as follows:
1) if the amount is equal to or less than EUR 10 000, the amount shall be transferred to the account of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania (hereinafter: the ‘State Tax Inspectorate’) for collecting budget revenue;
2) if the amount is more than EUR 10 000, the amount shall be allocated as follows: half of these funds shall be transferred by the State Tax Inspectorate to an account specified by the competent authority of the Member State of the European Union whose court has issued the confiscation order within ten working days from the receipt of all the monetary funds obtained from the realisation of the confiscated property transferred to the State, and the remaining half of these funds shall be transferred to the account of the State Tax Inspectorate for collecting budget revenue.
CHAPTER XV
PROCEDURE AND CONDITIONS FOR TRANSMISSION OF CONFISCATION ORDERS ISSUED IN THE REPUBLIC OF LITHUANIA TO OTHER MEMBER STATES OF THE EUROPEAN UNION FOR EXECUTION PURSUANT TO FRAMEWORK DECISION 2006/783/JHA
Article 76. Procedure for consideration and taking of a decision to transmit a confiscation order to another Member State of the European Union for execution
1. Confiscation orders issued in the Republic of Lithuania may, in accordance with the procedure laid down in this Chapter, be transmitted for execution to another Member State of the European Union to confiscate the following property:
1) an amount of money where a court has reasonable grounds to believe that a natural or legal person, another organisation or a division thereof against whom/which a confiscation order has been issued has property or income in that Member State;
2. Where there are no reasonable grounds which would allow the court to determine another Member State of the European Union to which the confiscation order may be transmitted, the confiscation order issued may be transmitted by the court to the competent authority of the Member State where the natural or legal person against whom/which the confiscation order has been issued is normally resident or has its registered seat respectively.
3. The issue of transmitting a confiscation order for execution to the competent authority of another Member State of the European Union shall be considered and decided by a ruling of a court or a pre-trial investigation judge that has issued the confiscation order. This confiscation order shall be issued by the court or the pre-trial investigation judge of their own motion on the basis of a criminal case file or on a submission of an institution executing a penal sanction or a prosecutor supervising the delivery of a judgment for execution.
4. Having examined, under the written procedure, the criminal case file or the submission of the institution executing the penal sanction or of the prosecutor supervising the delivery of the judgment for execution, the court or the pre-trial investigation judge shall issue one of the following rulings:
5. Appeals against the court rulings referred to in paragraph 4 of this Article shall be examined in accordance with the procedure laid down in Article 364 of the Code of Criminal Procedure of the Republic of Lithuania.
6. After issuing a ruling on transmitting a confiscation order for execution to another Member State of the European Union, a court or a pre-trial investigation judge shall draw up a certificate within three days after the ruling becomes final or the case is returned from a court of higher instance. The standard form of a certificate shall be approved by the Minister of Justice of the Republic of Lithuania.
Article 77. Procedure for transmitting a confiscation order and a certificate for execution to another Member State of the European Union
1. If a court or a pre-trial investigation judge is aware of an authority of the executing Member State of the European Union with competence to execute a confiscation order intended for transmission, the court or a pre-trial investigation judge shall directly send to this authority a certificate and the confiscation order or a certified copy of this order, where necessary, translated into the language requested by the Member State of the European Union.
2. If a court is not aware of an authority of the executing Member State of the European Union with competence to execute a confiscation order intended for transmission, the court or a pre-trial investigation judge shall consult the Ministry of Justice of the Republic of Lithuania, which shall send all necessary inquiries, including through contact points of the European Judicial Network, in order to obtain information from the executing Member State of the European Union. After the authority of the Member State of the European Union with competence to execute the confiscation order is identified, the court or the pre-trial investigation judge shall directly send to this authority a certificate and a confiscation order or a certified copy of this order, where necessary, translated into the language requested by the Member State of the European Union.
3. A confiscation order may be transmitted only to one executing Member State at the same time, except in the cases referred to in paragraphs 4 and 5 of this Article.
4. A confiscation order concerning specific items may be transmitted to more than one executing Member State at the same time where:
1) a court or a pre-trial investigation judge has reasonable grounds to believe that different items covered by the confiscation order are located in different executing Member States, or
2) confiscation of the specific items covered by the confiscation order requires action in more than one executing Member State, or
5. A confiscation order concerning an amount of money may be transmitted to more than one executing Member State at the same time where a court considers that there is a specific need to do so.
Article 78. Execution, in the Republic of Lithuania, of a confiscation order transmitted for execution to another Member State of the European Union
1. A confiscation order transmitted to another Member State of the European Union may be subsequently executed in the Republic of Lithuania.
2. A court or a pre-trial investigation judge shall, of their own motion or at the request of the authority executing a penal sanction, immediately inform the competent authority of the executing State where:
1) the court or the pre-trial investigation judge has reasonable grounds to believe that there is a risk that confiscation in excess of the maximum amount may occur, or if the competent authority of the executing State has postponed the execution of the confiscation order because it considers that there is the risk that the total amount obtained from the execution of the confiscation order will exceed the amount specified in the confiscation order because of the simultaneous execution of the confiscation order in more than one Member State; in this case, the court shall inform the competent authority of the executing State as soon as possible when the risk ceases to exist;
2) all or a part of the confiscation order has been executed in the Republic of Lithuania or another executing State, specifying the amount for which the confiscation order has not yet been executed;
3) the person voluntarily pays any amount of money in respect of the confiscation order after the transmission of the confiscation order to another Member State of the European Union; in this case, the amount paid in respect of the order shall be deducted from the amount that is to be confiscated pursuant to the confiscation order in the executing State.
3. The court or the pre-trial investigation judge shall immediately inform the competent authority of the executing Member State of any decision or measure as a result of which the order ceases to be enforceable or is withdrawn from the executing State for any other reason.
4. Where the competent authority of the executing Member State has informed of the total or partial execution or non-execution of a confiscation order, a court or a pre-trial investigation judge shall immediately notify an authority executing a penal sanction and a prosecutor supervising the delivery of a judgment for execution. If the property or monetary funds obtained from the execution of the confiscation order by the executing State must be transferred pursuant to Article 16 of Framework Decision 2006/783/JHA to the Republic of Lithuania as the Member State which has issued the confiscation order, the court shall also notify the State Tax Inspectorate thereof by any means capable of producing a written record.
Article 79. Transfer of monetary funds
Monetary funds obtained in another Member State of the European Union after the execution of a confiscation order issued by a court of the Republic of Lithuania and transmitted for execution to that Member State shall be transferred pursuant to Article 16 of Framework Decision 2006/783/JHA to the Republic of Lithuania as the Member State which has issued the confiscation order. These monetary funds shall be transferred to the account of the State Tax Inspectorate for collecting budget revenue and the State Tax Inspectorate shall be informed thereof.
Article 80. Procedure for recourse by the competent authorities of the executing State and reimbursement of the incurred costs
1. Any recourse sought by the competent authorities of the executing State against the Republic of Lithuania to recover monetary funds paid by these authorities, under their national law, to the parties concerned, including bona fide third parties, for damage caused to the competent authority of the executing State during the execution of the confiscation orders issued by courts of the Republic of Lithuania and transmitted to these authorities shall be referred to the Ministry of Justice of the Republic of Lithuania for examination in accordance with the procedure laid down in the Republic of Lithuania Law on Compensation for Damage Incurred as a Result of Unlawful Actions of Public Authorities and on Representation of the State and the Government of the Republic of Lithuania.
2. Requests from the competent authorities of the executing State for sharing large or exceptional costs incurred in the executing State during the execution of the confiscation orders issued by courts of the Republic of Lithuania and transmitted to these authorities shall be referred to the Ministry of Justice of the Republic of Lithuania for examination. Where necessary, these costs may be covered from the appropriations allocated to the Ministry of Justice of the Republic of Lithuania to cover the costs related to the execution of decisions taken by courts of the Republic of Lithuania.
CHAPTER XVI
RECOGNITION AND EXECUTION, IN THE REPUBLIC OF LITHUANIA, OF ORDERS FREEZING PROPERTY ISSUED BY THE MEMBER STATES OF THE EUROPEAN UNION AND ISSUING OF CERTIFICATES OF ORDERS FREEZING PROPERTY PURSUANT TO REGULATION (EU) 2018/1805
Article 81. Recognition and execution, in the Republic of Lithuania, of an order freezing property issued by a court of a Member State of the European Union
1. An order freezing property issued by the competent authority of another Member State of the European Union and transmitted to the Republic of Lithuania for execution and a certificate of an order freezing property translated into the Lithuanian language shall be recognised under an endorsement by a prosecutor of the regional prosecutor’s office of the location of the property or of the Prosecutor General’s Office of the Republic of Lithuania or, in the event of a pre-trial investigation falling within the competence of the European Public Prosecutor’s Office, by a European Delegated Prosecutor. A prosecutor shall refuse to recognise an order freezing property by adopting a decision.
2. A prosecutor of the regional prosecutor’s office of the location of the property or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania shall receive an order freezing property directly from the competent authority of another Member State of the European Union or via the Prosecutor General’s Office of the Republic of Lithuania or, in the event of a pre-trial investigation falling within the competence of the European Public Prosecutor’s Office, a European Delegated Prosecutor shall receive an order freezing property directly. All further communication between the prosecutor and the competent authority of another Member State of the European Union shall be made directly. The prosecutor may also receive the order freezing property from the competent authority of another Member State of the European Union via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.
3. Where an order freezing property has been received by an authority that has no competence to decide on its recognition, this authority shall forward the order freezing property to the competent authority referred to in paragraph 1 of this Article as soon as possible or, where practicable, within 24 hours from the receipt thereof and shall inform the competent authority of another Member State of the European Union thereof.
4. An order freezing property issued by the competent authority of another Member State of the European Union, transmitted to the Republic of Lithuania for execution and recognised in accordance with the procedure laid down in this Article shall be executed in accordance with laws of the Republic of Lithuania and Regulation (EU) 2018/1805.
Article 82. Issuing of a certificate of an order freezing property
A certificate of an order freezing property shall be issued by the Prosecutor General’s Office of the Republic of Lithuania or a regional prosecutor’s office. Where the European Public Prosecutor’s Office has been designated as the competent authority for conducting a pre-trial investigation, a certificate of an order freezing property shall be issued by a European Delegated Prosecutor. The certificate of an order freezing property must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union.
CHAPTER XVII
RECOGNITION AND EXECUTION, IN THE REPUBLIC OF LITHUANIA, OF CONFISCATION ORDERS ISSUED BY COURTS OF THE MEMBER STATES OF THE EUROPEAN UNION AND TRANSMISSION OF CONFISCATION ORDERS ISSUED IN THE REPUBLIC OF LITHUANIA FOR EXECUTION TO OTHER EXECUTING MEMBER STATES OF THE EUROPEAN UNION PURSUANT TO REGULATION (EU) 2018/1805
Article 83. Recognition and execution, in the Republic of Lithuania, of confiscation orders issued by courts of the Member States of the European Union
1. A confiscation order issued by a court of a Member State of the European Union and a certificate translated into the Lithuanian language shall be recognised by a district court of the place of residence of a natural person in respect of whose property the confiscation order has been issued or by a district court of the location of the registered seat of a legal person in respect of whose property the confiscation order has been issued. Where the natural person in respect of whose property the confiscation order has been issued does not have a place of residence in the Republic of Lithuania or the legal person in respect of whose property the confiscation order has been issued does not have a registered seat in the Republic of Lithuania, the confiscation order issued by the court of the Member State of the European Union shall be recognised by a district court of the location of the property subject to confiscation or the principal part thereof.
2. Having receiving a confiscation order issued by a court of a Member State of the European Union, a district court shall hold a court hearing within seven days from the receipt of the order. The court shall summon to the hearing the person in respect of whose property the confiscation order has been issued by the court of the Member State of the European Union, his/her defence counsel, a representative of a legal person, a prosecutor, and other parties concerned; failure of these persons to appear, however, shall not have suspensory effect on the consideration of the issue. The consideration of the issue shall commence with a report of the presiding judge of the hearing. Thereafter, the court shall hear the persons who have appeared for the hearing and issue a ruling to recognise the confiscation order of the Member State of the European Union or a ruling to refuse to recognise the confiscation order of the Member State of the European Union. The court shall issue these rulings in the deliberation room.
Article 84. Transmission of confiscation orders issued in the Republic of Lithuania for execution to other Member States of the European Union
1. The issue of transmitting a confiscation order issued in the Republic of Lithuania for execution to the competent authority of another Member State of the European Union shall be considered and decided by a ruling of a court or by a pre-trial investigation judge which/who has issued the confiscation order. This confiscation order shall be issued by the court or the pre-trial investigation judge of their own motion on the basis of a criminal case file or on a submission of an institution executing a penal sanction or a prosecutor supervising the delivery of a judgment for execution.
2. Having examined, under the written procedure, the criminal case file or the submission of the institution executing the penal sanction or of the prosecutor supervising the delivery of the judgment for execution, the court or the pre-trial investigation judge shall issue one of the following rulings:
1) to transmit a confiscation order issued in the Republic of Lithuania for execution to another Member State of the European Union;
3. Appeals against the court rulings referred to in paragraph 2 of this Article shall be examined in accordance with the procedure laid down in Article 364 of the Code of Criminal Procedure of the Republic of Lithuania.
4. After issuing a ruling on transmitting a confiscation order issued in the Republic of Lithuania for execution to another Member State of the European Union, a court or a pre-trial investigation judge shall draw up a certificate within three days after the ruling becomes final or the case is returned from a court of higher instance. The certificate must be translated into the official language of another Member State of the European Union or into another language if that Member State has indicated that it will accept a translation into one or more official languages of other Member States of the European Union.
CHAPTER XVIII
COOPERATION WITH THE MEMBER STATES OF THE EUROPEAN UNION IN CONDUCTING INVESTIGATIONS OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE
Article 85. Cooperation with the Member States of the European Union participating in enhanced cooperation on the establishment of the European Public Prosecutor’s Office
In case of a pre-trial investigation where the European Public Prosecutor’s Office has been designated as the competent authority and for the purpose of cooperation with the Member States of the European Union participating in enhanced cooperation on the establishment of the European Public Prosecutor’s Office, the provisions of this Law shall not apply and cooperation shall take place through direct communication between European Delegated Prosecutors.
Article 86. Cooperation with the Member States of the European Union abstaining from participation in enhanced cooperation on the establishment of the European Public Prosecutor’s Office
In case of a pre-trial investigation where the European Public Prosecutor’s Office has been designated as the competent authority and for the purpose of cooperation with the Member States of the European Union abstaining from participation in enhanced cooperation on the establishment of the European Public Prosecutor’s Office, a European Delegated Prosecutor shall apply the mutual recognition measures set out in this Law in accordance with Regulation (EU) 2017/1939 and this Law.
Article 87. Entry into force and application of the Law
2. The provisions of Chapters II and III of this Law shall apply to the decisions on a custodial sentence taken after 5 December 2011. Where a decision on a custodial sentence was taken before 5 December 2011, the provisions of Article 365 of the Code of Criminal Procedure of the Republic of Lithuania and the relevant provisions of international treaties shall apply.
3. The National Courts Administration shall collect and systematise the information on the number of decisions on a custodial sentence, decisions on a non-custodial sentence and probation decisions received, recognised or refused to be recognised in the Republic of Lithuania, transmitted for execution to other Member States of the European Union, and recognised or refused to be recognised in other Member States of the European Union, as well as submit this information to the Ministry of Justice of the Republic of Lithuania from 2019 onwards by 1 February each year.
4. The Public Security Service under the Ministry of the Interior of the Republic of Lithuania shall, in accordance with the procedure laid down in Chapters II and III of this Law, collect and systematise the information on the number of convicted persons taken over from and transferred to other Member States of the European Union, as well as submit this information to the Ministry of Justice of the Republic of Lithuania from 2019 onwards by 1 February each year.
5. The Prosecutor General’s Office of the Republic of Lithuania shall collect and systematise the information on the number of certificates of orders freezing property or evidence transmitted to other Member States of the European Union for execution and executed in other Member States of the European Union, as well as submit this information to the Ministry of Justice of the Republic of Lithuania from 2019 onwards by 1 February each year.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
President of the Republic Dalia Grybauskaitė
Annex to
the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions
of the Member States of the European Union in Criminal Matters
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
1. Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ 2004 Special edition, Chapter 19, Volume 06, p. 185).
2. Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009.
3. 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).
4. Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (OJ 2008 L 337, p. 102), as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 (OJ 2009 L 81, p.24).
5. Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (OJ 2009 L 294, p. 20).
6. 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).
7. Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ 2014 L 130, p. 1).
8. Council of Europe Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office.