THE REPUBLIC OF LITHUANIA

The republic of Lithuania

LAW

PRE-TRIAL DETENTION

Chapter I

BASIC PROVISIONS

Article 1. Purpose of the Law on Pre-Trial Detention

1. The Law on Pre-Trial Detention shall establish the procedure and conditions for keeping in places of pre-trial detention persons for whom arrest is chosen as a measure of restraint as well as persons sentenced to deprivation of liberty.

2. The procedure of pre-trial detention (arrest) established by the Law on Pre-Trial Detention shall be uniform and obligatory to all state institutions, officers and persons.

Article 2. Purpose of the Law on Pre-Trial Detention

The purpose of the Law on Pre-Trial Detention is to lay down the rules ensuring that the persons kept in places of pre-trial detention will be unable to escape preliminary investigation or trial, will not obstruct the establishment of truth in a criminal case or commit an offence as well as to ensure the enforcement of sentence.

Article 3. Pre-Trial Detention (Arrest)

Pre-trial detention (arrest) is a measure of restraint applied in accordance with the procedure established by the Code of Criminal Procedure of the Republic of Lithuania to the accused, defendant as well as the suspect in case of their commission of an offence.

Article 4. Basic Principles of Pre-Trial Detention (Arrest)

Basic principles of pre-trial detention (arrest) shall be laid down in the Code of Criminal Procedure.

Article 5. Places of Pre-Trial Detention

1. Places for keeping persons for whom arrest is chosen as measure of restraint shall be places of pre-trial solitary confinement (house of detention) of the Ministry of Internal Affairs of the Republic of Lithuania. Places of pre-trial solitary confinement shall be set up and liquidated by the Government of the Republic of Lithuania on the proposal of the Ministry of Internal Affairs.

2. No more than one thousand accused persons shall be permitted to be kept at a time in the place of pre-trial solitary confinement.

3. In case of necessity to perform investigative actions the untried prisoners may be confined in the police houses of arrest, but only for a period not exceeding 10 days.

Article 6. Persons Kept in Places of Pre-Trial Detention

1. Persons arrested following the court judgement or ruling, decision of the judge as well as the arrested convicted prisoners whose sentence has become effective shall be kept in places of pre-trial detention. (Amended 28 May 1996)

2. The following persons sentenced to imprisonment may also be kept in places of pre-trial detention:

1) persons whose sentence has become effective until their deportation under guard to corrective labour institutions;

2) persons who are kept, in accordance with the procedure established by law, in the place of pre-trial solitary confinement for the performance of routine works;

3) persons who are left to stay in the place of pre-trial solitary confinement or transferred to it from corrective labour institutions for the purpose of performing investigative actions in criminal cases or because of trial of the cases;

4) persons who are transferred from corrective labour institutions by reason of having another criminal action instituted against them, provided that arrest is the chosen as measure of restraint.

Article 7. Guaranteeing the Detention Procedure in Places of Pre-Trial Detention

1. The administration of the places of pre-trial detention shall guarantee the procedure of detention of persons in places of pre-trial detention.

2. The administration of places of pre-trial detention shall operate in accordance with this Law and other laws and standard acts of the Republic of Lithuania.

Article 8. Legal Status of Persons Kept in Places of Pre-Trial Detention

1. Persons kept in places of pre-trial detention shall have the rights, liberties and duties established by law to the citizens of the Republic of Lithuania with those restrictions as provided for by the Code of Criminal Procedure, this Law and imprisonment conditions.

2. Legal status of foreign nationals kept in places of pre-trial detention shall be determined by the laws of the Republic of Lithuania providing for the rights, freedoms and duties of said persons when they are in the territory of the Republic of Lithuania, the Code of Criminal Procedure of the Republic of Lithuania, this Law, international agreements of the Republic of Lithuania as well as detention regime.

3. It shall be prohibited to subject an untried prisoner to torture, to maim him or subject him to any degrading or cruel treatment. No untried prisoner shall, even with his consent, be subjected to any scientific or medical experimentation.

Chapter 2

GENERAL CONDITIONS FOR THE ADMISSION OF PERSONS

TO PLACES OF PRE-TRIAL DETENTION

Article 9. Procedural Grounds for the Admission of Persons to Places
of Pre-Trial Detention

1. The procedural grounds for the admission of persons to places of pre-trial detention shall be as follows:

1) court ruling or judge’s decision to impose the measure of restraint - arrest;

2) court sentence to a term in prison or imposing death penalty on persons in respect of whom arrest was not chosen;

3) the judge’s sanction to transfer the convicted person from the corrective labour institution to the place of pre-trial solitary confinement. (Amended 28 May 1996)

2. Children of untried women prisoners shall not be admitted to places of pre-trial detention.

Article 10. Procedure of Admission of Persons to Places of Pre-Trial Detention

1. Persons arrested in accordance with the procedure of pre-trial detention shall be searched, finger-printed and photographed, their personal belongings shall be checked. They shall be prohibited from retaining money or valuables, or other effects that they are not allowed to retain in places of pre-trial detention.

2. A record of seized money and things shall be drawn up to be signed by the officer who seizes the money and other effects and by the untried prisoner. The money shall be credited to the untried prisoner’s personal account whereas the articles shall be placed in safe custody.

3. The administration of the place of pre-trial detention shall notify in writing the officer investigating the case or the court of the money, valuables and other articles seized from the untried prisoners. The seized money and items may be attached to the criminal case in accordance with the procedure laid down in the Code of Criminal Procedure.

4. The list of items and things prohibited for the untried prisoners is presented as Annex 1 to this Law.

5. If personal records of the untried prisoners were not commenced prior to their admission to the places of pre-trial detention (place of pre-trial solitary confinement), said records shall be kept in the places of pre-trial solitary confinement. The contents of the untried prisoner’s personal records and the procedure for keeping same shall be laid down in the Internal Regulations of Places of Pre-Trial Detention.

Chapter 3

EXECUTION OF PRE-TRIAL DETENTION

Article 11. Principal Regime Requirements in Places of Pre-Trial Detention

1. There are the following regime requirements for places of pre-trial detention: isolation of the untried prisoners, their continuous supervision and solitary confinement in accordance with the procedure laid down in Article 12 of this Law.

2. A complex of engineering-technical security measures is applied for the protection of places of pre-trial detention and supervision of untried prisoners.

3. Money and valuables found on the untried prisoners concealed from the administration of the place of pre-trial detention shall be seized and the officer investigating the case or the court shall be notified thereof in writing. The seized money and valuables may be attached to the criminal case file in accordance with the procedure laid down in the Code of Criminal Procedure. Final decision regarding the money and valuables shall rest with the court during the sentencing.

Article 12. Keeping of Persons Separately in Places of Pre-Trial Detention

1. Untried prisoners shall be locked in cells in places of pre-trial detention in keeping with the following requirements of isolation:

1) men shall be kept separate from women;

2) minors shall be kept separate from adults. When assigning minors to cells it shall be necessary to take into consideration their age, physical and mental development, moral properties. By way of exception, upon obtaining the prosecutor’s sanction, adults may be kept in the cells with minors;

3) women who are over three months pregnant shall, at their request, be kept separate from other women;

4) persons who have formerly served a sentence of deprivation of liberty shall be kept separate from persons who have not stayed in places of deprivation of liberty;

5) persons accused or suspected of commission of grave offences shall be kept separate from other imprisoned persons;

6) untried prisoners who, prior to their arrest, were employed in the institutions of state power and government as well as law enforcement institutions shall be kept separate from other untried prisoners;

7) convicted prisoners shall be kept separate from other untried prisoners and taking into account the type of the regime of corrective labour institution as determined by the court sentence;

8) persons sentenced to life imprisonment shall be kept separate from other untried and convicted prisoners.

2. Persons given capital punishment shall be kept in isolation from all other untried or convicted prisoners.

3. Persons who are suspects and persons who are detained in connection with the investigation of one and the same case shall be kept separately. Upon the agreement of the investigating officer or with the consent of the court in whose jurisdiction the case is such persons may be kept together.

4. Convicted persons who are left in the place of pre-trial solitary confinement for routine work shall be kept in separate rooms.

Article 13. Rights of Untried Prisoners

1. Untried prisoners shall have the right to:

1) obtain written information concerning the procedure and conditions of keeping in the places of pre-trial detention of persons for whom arrest has been chosen as a measure of restraint as well as the rights and duties of such persons;

2) keep with them laws as well as documents and records relative to the case;

3) receive legal aid in accordance with the procedure determined by law;

4) keep correspondence with state institutions, public organisations and officers, and address proposals, requests (applications) and complaints to the said bodies in accordance with the procedure established in Article 15;

5) sanctioned by the prosecutor, investigator, or the court under whose jurisdiction the case is be visited by the representatives of mass media;

6) take part in the election of the President of the Republic, election to the Seimas as well as in referenda and public polls (plebiscites);

7) satisfy the needs of their religious life, attend the services provided at the place of pre-trial detention and have in their possession religious books and articles of their denomination;

8) receive free medical aid;

9) enter into civil transactions in accordance with the procedure prescribed by law, except the cases provided for by Article 22, paragraph 1, subparagraph 5, of this Law;

10) enter into a marriage;

11) have at least one hour of exercise in the open air. Minors and women shall be allowed two daily periods of exercise, one hour long each;

12) be provided with adequate nutrition;

13) receive parcels or packages, printed matter and money transfers;

14) procure (not for cash) food and other articles of prime necessity;

15) use their own clothing, footwear and bedding;

16) read, write, play games (except games of chance);

17) use portable TV sets and transistor radio receivers delivered by their relatives;

18) have in their possession watches made from non-precious metals.

2. The right to receive parcels and packages as well as to procure food and other articles of prime necessity may be restricted for persons who are serving their sentence in the place of deprivation of liberty, if for them arrest is chosen as a measure of restraint by reason of their involvement in another case; the restriction shall be based on the regulations provided for by the type of regime of the corrective labour institution applied to them.

3. Foreign nationals kept in the places of pre-trial detention shall also have the right to maintain links through the Ministry of Foreign Affairs of the Republic of Lithuania with the diplomatic missions and consular institutions of their respective states and international organisations.

Article 14. The Right of the Untried Prisoner to Receive Visits from his Legal
Adviser

The untried prisoner shall have the right to receive visits from his legal adviser out of sight of other persons from the moment the legal adviser is permitted to participate in the case. The number and duration of visits shall not be limited.

Article 15. The Right of the Untried Prisoner to Correspond, Submit Proposals,
Requests (Applications) and File Complaints

1. Untried prisoners shall have the right to correspond with their close relatives and other persons. The administration of the place of pre-trial detention shall deliver letters received in the name of the untried prisoner and shall also send to the addressees the letters handed in by the untried prisoners no later than within 3 days from the receipt or handing in thereof. The letters sent by the untried prisoner, with the exception of cases provided for in Paragraph 2 hereof, as well as letters received in his name may be censored.

2. The proposals, requests (applications) and complaints addressed to the officer investigating the case, to the court in whose jurisdiction the case is, to the Republic of Lithuania Seimas Ombudsman, the prosecutor, the Minister of Internal Affairs and the European Human Rights Commission shall be posted within a day from the handing in thereof.

3. The untried prisoners shall have the right to apply directly to the President of the Republic, Seimas or Government member, the Seimas Ombudsman, the prosecutor or representative of the Ministry of Internal Affairs during the latter’s visits to the places of pre-trial detention.

4. The untried prisoners shall be prohibited from sending anonymous letters or collective requests (applications) They shall also be prohibited from applying to state institutions, public organisations and officers with proposals, requests (applications) and complaints on behalf of other untried prisoners or not through the administration of the place of pre-trial detention.

5. The administration of the place of pre-trial detention shall deliver to the untried prisoners against the latter’s acknowledgement the replies received from state institutions within three days from the receipt thereof.

6. Postal expenses of sending letters to the relatives and other persons shall be covered by the untried prisoners themselves.

Article 16. Procedure for Allowing Visits to the Untried Prisoners

The administration of the place of pre-trial detention shall allow untried prisoners visits from relatives or other persons only with the consent of the officer investigating the case or the court in whose jurisdiction the case is. The duration of visits shall be up to two hours. Visits shall proceed in accordance with the procedure established by the Internal Regulations of Places of Pre-Trial Detention.

Article 17. The Rights of Untried Prisoners to Short-Term Departure Outside
the Boundaries of the Places of Pre-Trial Detention

1. Untried prisoners may be allowed to depart outside the boundaries of the place of pre-trial detention by reason of death or grave critical illness of a close relative for a period not exceeding 5 days.

2. Permission to leave shall be given by the director of the place of pre-trial detention upon agreeing it in writing with the officer investigating the case or by the court in whose jurisdiction the case is and upon having taken into account the personality of the untried prisoner and his conduct in the place of pre-trial detention. The time the untried prisoner spends outside the place of pre-trial detention shall be included in the period of pre-trial detention (arrest). Travelling expenses shall be covered by the untried prisoner himself or his relatives.

3. By order of the officer investigating the case or the court within whose jurisdiction the case falls, adult untried prisoners shall travel under guard. Untried prisoners who are under 18 years of age shall travel under escort.

4. The procedure according to which untried prisoners are allowed to leave outside the boundaries of the place of pre-trial detention shall be established by the Internal Regulations of Places of Pre-Trial detention.

Article 18. Material and Everyday -Life Conditions of Untried Prisoners

1. Untried prisoners shall be kept in common cells housing no more than four inmates or in individual cells in which adequate living and everyday-life conditions complying with the sanitation and hygiene regulations laid down by the Ministry of Health shall be guaranteed. Minimum floor space for one untried prisoner may not be less than 3 square metres. The cell must have a window which allows the entrance of natural light and ensures ventilation of the room.

2. Pregnant women, nursing mothers, minors as well as sick persons shall be provided with better accommodation and everyday-life conditions.

3. Untried prisoners must be provided with the possibility to use sanitary installations in a clean and decent manner.

4. At least once a week untried prisoners must be provided with the possibility to use bathing installations, be issued clean bedding and underwear and to regularly use the services of the barber/hairdresser. The administration of the place of pre-trial detention shall be prohibited from demanding that the untried prisoner be closely cropped.

5. As necessary the untried prisoners shall be issued free clothing and footwear of the established type according to season.

6. Untried prisoners shall be provided with free food according to physiological norms of nutrition.

7. The administration of the place of pre-trial detention shall pay, in accordance with the procedure established by the Government of the Republic of Lithuania, the expenses of travelling to the place of residence or work for persons released from the place of pre-trial detention, shall supply them with food or fare, as well as granting them a lumpsum allowance up to the amount of the minimum living standard.

8. The norms of nutrition and standards of material and everyday living conditions shall be set by the Government.

Article 19. Provision of Medical Services to the Untried Prisoners

1. Health care of persons kept in the places of pre-trial detention shall be organised and carried out based on the laws of health protection. The untried prisoners must be guaranteed medical treatment of the same quality and level which is guaranteed to free persons.

2. Health care services whose structure, number of staff and work procedure are determined by the Ministries of Health Care and Internal Affairs shall be organised in the places of pre-trial detention.

3. Persons newly admitted to the places of pre-trial detention must be subjected to a thorough medical and psychiatric examination.

4. If the untried prisoner needs urgent specialised medical aid possibilities for the provision whereof are lacking at the medical service of the place of pre-trial detention or medical institution of the place of imprisonment, said aid may be provided, upon ensuring the guarding of the untried prisoners, by the specialised health care institutions within the sphere of regulation of the Ministry of Health. The procedure for providing such aid shall be established by the Ministries of Health and Internal Affairs.

5. Health care of persons kept in the places of pre-trial detention shall be organised by the Ministry of Health Care.

Article 20. Organisation of Work of Untried Prisoners

1. Untried prisoners may work only within the territory of the place of pre-trial detention, provided that they give their consent thereto and are permitted by the officer investigating the case or the court within whose jurisdiction the case falls.

2. The list of works and duties prohibited to untried prisoners is presented in Annex 2 to this Law.

3. Untried prisoners shall be remunerated for their work according to its quality and volume.

Article 21. Material Liability of the Untried Prisoners

1. Untried prisoners shall be liable for material damage caused to the state at the places of pre-trial detention:

1) for damage caused while performing work-related duties - in the amount provided for by labour laws;

2) for damage caused by other actions - in the amount provided for by civil laws.

2. The amount of material damage inflicted by the untried prisoners shall be recovered in accordance with the procedure laid down in the Code of Civil Procedure.

Article 22. Duties of Untried Prisoners

1. Untried prisoners must:

1) observe the order established in the places of pre-trial detention;

2) comply with the lawful demands of the administration;

3) assigned by the administration take turns at being on duty in the cells;

4) take care of the property of the place of pre-trial detention.

2. Untried prisoners shall be prohibited from:

1) organising pickets, meetings and demonstrations and taking part therein;

2) setting up political parties and public organisations and taking part in their activities;

3) contacting and communicating with people kept in other cells;

4) consuming alcoholic beverages or using drugs, using medications without doctor’s prescription, using toxic substances;

5) purchasing, selling, exchanging, donating or otherwise transferring to other untried prisoners, convicted prisoners or personnel of the places of pre-trial detention both their own and state-owned articles; also from performing paid or otherwise remunerated services both to other untried or convicted prisoners and to the personnel of the place of pre-trial detention;

6) tattooing themselves or other persons;

7) distributing manuscripts and other publications without the permission of the administration of the place of pre-trial detention;

8) inciting other untried or convicted prisoners to refuse complying with the lawful demands of the administration.

3. Citizenship issues of the untried prisoners shall not be resolved during the period of pre-trial detention (arrest).

4. Untried prisoners who do not comply with the prescribed obligations and restrictions shall be held liable under this Law and other laws of the Republic of Lithuania.

Article 23. Incentive Measures applied with Regard to Untried Prisoners

1. For decent conduct the administration of the place of pre-trial detention may apply the following incentive measures with regard to untried prisoners:

1) expression of official gratitude;

2) lifting of an imposed penalty prior to the expiry of its term;

3) prolongation of the period of physical exercise;

4) prolongation of the visiting period.

2. Persons sentenced to deprivation of liberty may also be assigned incentive measures or imposed penalties provided for in the Republic of Lithuania laws on corrective labour.

Article 24. Penalties Imposed on the Untried Prisoners

1. The administration of the place of pre-trial detention may impose the following penalties on untried prisoners who violate the regime requirements or fail to fulfil their duties:

1) a warning or a reprimand;

2) assigning them to be on duty out of their turn for cleaning the premises;

3) deprivation, for a month’s period, of the right to purchase food and receive parcels or packages.

2. Untried prisoners who repeatedly violate regime requirements may be locked up, on a justified decision of the director of the place of pre-trial detention, in a punishment cell for up to 10 days, and minors - for up to five days. Pregnant women and underage girls shall not be locked up in the punishment cell whereas other women shall be locked up only in exceptional cases.

3. Punishment imposed on untried prisoners must correspond to the gravity and character of the offence. The infliction of punishment may not be aimed at causing the untried prisoners physical suffering or degrading them.

Article 25. Officers Assigning Incentive Measures and Imposing Punishments

Incentive measures shall be assigned and punishments shall be imposed by the director of the place of pre-trial detention and his deputies. Their powers and appointment procedure shall be laid down by the Internal Regulations of Places of Pre-Trial Detention.

Article 26. Duration of Keeping of Untried Prisoners in Places of Pre-Trial
Detention

1. Persons for whom arrest is chosen as a measure of restraint may not be kept in places of pre-trial detention longer than the period specified in the Code of Criminal Procedure.

2. Convicted persons whose sentence has come into effect and who must be deported under guard to the institution of confinement may be kept in places of pre-trial solitary confinement for a period not exceeding ten days, except in the case provided for in Article 6, paragraph 2, subparagraph 2 of this Law.

Chapter 4

ACTIVITIES OF THE ADMINISTRATION OF PLACES OF PRE-TRIAL

DETENTION IN THE EVENT OF AN EXTRAORDINARY SITUATION, USE OF SPECIAL MEANS AND FIREARMS

Article 27. Actions of the Administration of the Place of Pre-Trial Detention in
the Event of the Untried Prisoners’ Hunger Strike or Refusal
to Fulfil the Lawful Demands of the Administration

1. Upon the declaration of a hunger strike or refusal to fulfil the lawful demands of the administration the director of the place of pre-trial detention or his deputy must immediately ascertain the reasons for the hunger strike or refusal to comply with lawful demands of the administration, the demands raised by the untried prisoners and lawfulness of said demands. The director of the place of pre-trial detention or his deputy must immediately notify the prosecutor thereof and take possible measures to satisfy the lawful demands of untried prisoners.

2. If the demands of untried prisoners are unlawful the director of the place of pre-trial detention or his deputy must notify the untried prisoners thereof and demand that illegal actions should be stopped.

3. Punishments may be imposed on untried prisoners who refuse to terminate illegal actions.

Article 28. Rights of the Director of a Place of Pre-Trial Detention in the Event
of Group Actions of Untried Prisoners Grossly Violating the Order
of the Place of Pre-Trial Detention

In the event of illegal group actions of untried prisoners which grossly violate the internal order of the place of pre-trial detention the director of the place of pre-trial detention or his deputy may, upon notifying the prosecutor, temporarily suspend:

1) mailing of letters of untried prisoners and delivery to untried prisoners of received letters, parcels, packages and printed matter;

2) granting of visits to untried prisoners;

3) purchasing of food products and basic necessities;

4) application of incentive measures with regard to untried prisoners.

Article 29. Special Means, the Purpose and Scope of their Application

1. Special means - handcuffs, strait-jackets, rubber sticks, methods of combat wrestling, gas, water-cannons, trained guard dogs, armoured personnel carriers and other machines may be used in the places of pre-trial detention on the grounds and according to the procedure laid down in Articles 30-32 of this Law.

2. Special means shall be applied taking into account the character of the violation of law and order, the violator’s personality, specific circumstances and situation. When using special means the officers must try to avoid heavy consequences.

3. Circumstances permitting, prior to the application of special means a warning shall be issued to the persons against whom said means will be used.

4. The use of special means must be terminated upon the disappearance of the grounds for their use.

Article 30. Grounds for Applying Handcuffs, Strait-Jackets, Rubber Sticks,
Methods of Combat Wrestling and Gas Intended for Personal
Protection

1. Officers of places of pre-trial detention and the Internal Affairs System of the Republic of Lithuania may use against the untried prisoners handcuffs, strait-jackets, rubber sticks, methods of combat wrestling and gas intended for personal protection in the following cases:

1) in order to protect the personnel of the place of pre-trial detention and other persons from assault, in the course of which physical violence is used against them as well as in order to achieve the release of hostages;

2) in order to detain an untried prisoner who committed a violation of law and if he refuses to comply with the lawful demands of personnel member of the place of pre-trial detention or resists with force;

3) in order to repel an attack on objects under guard and means of transportation;

4) in the event of a mass riot or group deliberate actions which grossly violate the internal order of the place of pre-trial detention.

2. In addition, handcuffs shall be used under the following circumstances:

1) in case of disorderly conduct - until the person calms down;

2) upon a person’s refusal to proceed under guard or to go to a punishment cell - during escorting;

3) in case of an attempt at suicide or at deliberate self-mutilation;

4) upon the pronouncement of death sentence and during the escorting under guard of persons sentenced to death;

5) during the escorting under guard of untried prisoners on board the aircraft, in passenger train compartment or by car;

6) escorting under guard an apprehended escaped untried prisoner.

3. It shall be prohibited to apply said means (with the exception of handcuffs) with regard to women, minors and disabled persons with clear indications of disability, except in cases when they are the attackers or resist with force or weapon.

Article 31. Grounds for Making Use of Guard Dogs

1. Guard dogs may be used in places of pre-trial detention in the following cases:

1) when guarding the territory and premises of the place of detention;

2) when escorting under guard the untried prisoners;

3) when surveying the restricted area of the place of pre-trial detention and the nearby territories;

4) during the inspection of vehicles entering the place of pre-trial detention or departing from it and the transported cargo;

5) when looking for concealed drugs and toxic substances;

6) when carrying out a search for the escaped untried prisoners and during their apprehension;

7) in order to defend the personnel of the place of pre-trial detention and other persons in case of an assault posing a threat to their life or health provided that other applied measures prove of no avail.

2. It shall be prohibited to make use of guard dogs against women, minors and disabled persons with clear indications of disability, except in cases when they are the attackers or put up armed resistance.

Article 32. Grounds for Using Water Cannons, Special Purpose Gas, Armoured
Personnel Carriers and other Technical Equipment

1. By order of the Minister of Internal Affairs or the Ministry Under-secretary, water cannons, special purpose gas, armoured personnel carriers and other technical equipment may be used against untried prisoners in cases of mass riots or mass resistance to the administration of the place of pre-trial detention, when said actions are accompanied by massacre, arson, hostage taking or other deliberate actions which grossly violate the internal order of the place of pre-trial detention.

2. Water cannons may also be used by order of the director of the place of pre-trial detention.

3. It shall be prohibited to apply the above-mentioned means against women, minors and disabled persons with clear indications of disability, except in cases when said persons are the attackers or resist with a firearm.

Article 33. Purpose, Grounds and Procedure for Using a Firearm

1. Firearms may be used in the places of pre-trial detention when all other possible ways and means have been tried or when there is no possibility to try to apply them for lack of time.

2. Firearms shall be used without warning in the following cases:

1) when repelling an armed assault on the place of pre-trial detention or escort;

2) in case of a blatant assault by untried prisoners on the objects under guard, personnel of the place of pre-trial detention or other persons or in case of any other deliberate actions being performed by them which endanger the lives of the above-mentioned or other persons;

3) in case of untried prisoners’ attempted escape in a vehicle or when untried prisoners are attempting to escape from the moving vehicle;

4) while apprehending an untried person who is resisting with a weapon;

5) when apprehending an untried prisoner attempting to escape at night or when the visibility is poor;

6) during a mass escape from a place of pre-trial detention.

3. Firearms shall be used after issuing a loud warning and a warning shot in the air in the following cases:

1) during an assault on the objects under guard, personnel of the place of pre-trial detention or other persons;

2) when strangers attempt to unlawfully enter the territory of the place of pre-trial detention or to flee from it;

3) when an untried prisoner attempts to escape from the place of pre-trial detention or during the pursuit of a fleeing untried prisoner.

4. Firearms may also be used by order of the Minister of Internal Affairs or the Ministry Under-secretary in cases of mass riots or mass resistance to the administration of the place of pre-trial detention when said events are accompanied by massacre, arson, taking of hostages or other deliberate actions which grossly violate the internal order of the place of pre-trial detention, provided that there are no possibilities to put a stop to the above-mentioned actions by any other means.

5. The use of firearms shall be prohibited in cases where strangers may get hurt and if storehouses of flammable or explosive materials are located nearby.

6. It shall be prohibited to use firearms against women, minors and disabled persons with clear indications of disability, except in cases where they themselves attack or resist with a firearm.

7. The prosecutor shall be immediately notified of each fact of the use of a firearm against a person and the circumstances and consequences thereof.

Chapter 5

RELEASE OF UNTRIED PRISONERS

Article 34. Grounds for the Release of Persons Arrested by Applying a Measure
of Restraint

Untried prisoners shall be released from arrest on the following grounds:

1) cancellation of the measure of restraint;

2) changing of the measure of restraint;

3) expiry of the term of pre-trial detention provided by law if it has not been extended in accordance with the procedure established by law.

Article 35. Procedure of Untried Prisoners’ Release

1. Untried prisoners shall be released by the director of the place of pre-trial detention based on a court judgement or ruling, or following the decision of the judge or the prosecutor (Amended 28 May 1996).

2. Upon the expiry of the period of pre-trial detention (arrest), the director of the place of pre-trial detention must release the untried prisoner by his own decision and notify thereof the officer investigating the case.

3. The judgement, ruling or decision concerning the release of the untried prisoner shall be enforced immediately after the receipt thereof by the administration of the place of pre-trial detention.

4. On their release from the places of pre-trial detention persons shall be returned their money and articles after they have been made to sign a receipt therefor. At their request they shall be issued a certificate concerning the duration of the term they spent at the place of pre-trial detention.

Article 36. Control over the Activities of the Administration of the Place
of Pre-Trial Detention

Control over the activities of the administration of the place of pre-trial detention shall be carried out, in accordance with the procedure established by law, by the Seimas Ombudsmen, prosecutors and courts in the course of untried prisoners’ complaint investigation.

Article 37. Coming into Effect of the Law on Pre-Trial Detention

The Law on Pre-Trial Detention shall come into effect as of 1 February 1996.

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

Algirdas Brazauskas

President of the Republic

Vilnius

18 January 1996

No. I-1175

(As amended 28 May 1996)

Appendix 1

to the Law of the Republic of Lithuania

No. I-1175 of 18 January 1996

L I S T

of Articles Prohibited to be Kept by Untried Prisoners

1. Articles, products and substances that are no longer in circulation in civil life.

2. All types of firearms and other weapons, ammunition and explosives, gas sprays, lighters.

3. All types of vehicles.

4. Money, valuables, securities.

5. Optical equipment.

6. Tape recorders, video recorders, computers, telephones.

7. Precious metal hand and pocket watches.

8. All sorts of alcoholic beverages, perfume, eau-de-Cologne and other products containing alcohol.

9. Drugs, toxic substances and potent medicines, medical appliances.

10. Type-writers, copying machines.

11. Knives, razors (with the exception of electric and mechanical shavers and shaving-sets with cassettes) and other sharp bladed and pointed articles.

12. Locksmith’s, joiner’s and other instruments.

13. Playing cards.

14. Cameras, photosubstances, chemicals.

15. Documents (with the exception of texts of laws, copies of court sentences, rulings and decisions, receipts for the money and valuables, handed in for safe-keeping).

16. Topographic maps, compasses.

17. Military and other uniform and its accessories.

18. Colour pencils, markers, colour paints, copying paper.

Appendix 2

to the Law of the Republic of Lithuania

No. I-1175 of 18 January 1996

L I S T

of Works and Duties Performance

of which is Prohibited to Untried Prisoners

Untried prisoners shall be prohibited to work:

1) with copying machines, radio and electrical communications transmission devices (except as electricians of electric power lines in the presence of the administration representative);

2) as shop assistants, book-keepers, cashiers, heads of storehouses;

3) in the medical sphere (except as hospital attendants);

4) as photographers, TV, film and video cameramen;

5) as vehicle drivers;

6) as product quality controllers;

7) in the administration offices if no representative of the administration is present;

8) fulfil duties where certain the members of the place of pre-trial detention personnel would be subordinate to them;

9) fulfil the duties of a person who is held materially responsible.